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Hiotographic 

Sciences 

Corporation 


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Canadian  Institute  for  Historical  MIcroreproductlons  /  Institut  Canadian  de  microreproducticns  historiques 


Technical  and  Bibliographic  Notes/Notes  techniques  at  bibliographiques 


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n 
n 


D 


D 


Coloured  map.i/ 

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Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 

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10X  14r.  18X  22X 


12X 


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J 


20X 


26X 


30X 


24X 


28X 


32X 


mm 


tier 
ge 


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first  page  with  a  printed  or  illustrated  impres- 
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The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  — ►  (meaning  "CON- 
TINUED"), or  the  symbol  V  (meaning  "END"), 
whichever  applies. 

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L'exemplaire  film6  fut  reproduit  grAce  A  la 
ginirositA  de: 

La  bibliothdque  des  Archives 
pubiiques  du  Canada 

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plus  grand  &oin,  compte  tenu  de  la  condition  et 
de  la  nettet6  de  I'exempiaire  filmA,  et  en 
conformity  avec  les  conditions  du  contrat  de 
filmage. 

Les  exemplaires  originaux  dont  la  couverture  en 
papier  est  imprimte  sont  fllm6s  en  commen9ant 
par  le  premier  plat  et  en  terminant  soit  par  la 
derni6re  page  qui  comporte  une  empreinte 
d'impresclon  ou  d'illustration.  soit  par  ie  second 
plat,  salon  le  cas.  Tous  les  autros  exemplaires 
originaux  sont  f  ilm6s  en  commenpant  par  la 
premiere  page  qui  comporte  une  empreinte 
d'lmpression  ou  d'illustration  r.t  en  terminant  par 
la  dernidre  page  qui  comporte  une  telle 
empreinte. 

Un  des  symboles  suivants  apparaftra  sur  la 
dernl6re  image  de  cheque  microfiche,  selon  le 
cas:  le  symbols  —►  signifie  "A  SUIVRE",  le 
symbols  V  signifie  "FIN". 

Les  cartes,  planches,  tableaux,  etc.,  peuvent  dtre 
fiim6s  d  des  te  jx  de  reduction  diffdrents. 
Lorsque  le  document  est  trop  grand  pour  dtre 
reproduit  en  uti  seul  clich6, 11  est  film6  d  partir 
de  i'angle  sup6rieur  gauche,  de  gauche  it  droite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  n6cessaire.  Les  diagrammes  suivants 
illustrent  la  m6thode. 


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ORGANIZATION 


OP    THE 


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RAILWAY    COMPANY. 


CiiATTON  &  Mkdole,  Printers,  4  Thames  Street,  Trinity  Building,  N.  Y. 


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OFFICERS  AND  DIRECTORS 


OF  THE 


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JOHN  A.  POOR,  Esq.,  of  Portland,  President. 

Hon.  JOSEPH  EATON,  op  Winslow. 

Hon.  CHARLES  J.  OILMAN,  of  Bruns7/tok. 

RUFUS  DWINEL,  Esq.,  of  Bangor. 

GIDEON  MAYO,  Esq.,  of  Orono. 

A.  C.  MORTON,  Esq.,  of  New  York. 

S.  H.  DALE,  Esq.,  of  Bangor. 


HoN.  NOAH  WOODS,  op  Bangor. 


ilST?  OF  DOCTTMEUTS. 


1.  (5iarter  ot  European  &  North  American  Rail-way  Com- 
pany, August  20,  1850. 

2.  Act  extending  Charter  of  European  &  North  American 
Railway  Company,  March  29,  1853,  and  By-Laws  of  the 
Company. 

3.  Act  extending  Charter  of  European  &  North  American 
Railway  Company,  February  20,  1856. 

4.  Resolves  in  favor  of  a  Military  Road,  Jan.  31,  1863. 

5.  Act  extending  Charter  of  European  &  North  American 
Railway  Company,  March  25,  186:5, 

6.  Act  extending  Charter  of  European  &  North  American 
Railway  Company,  Feb.  20,  1864. 

7.  Act  granting  aid  from  State  of  Maine  to  European  & 
North  American  Railway  Company,  March  24,  1864. 

8.  Act  authorizing  Loan  of  Credit  of  the  City  of  Bangor  to 
European  and  North  American  Railway  Co.  March 
25,  1864. 

9.  Certificate  of  vote  of  Bangor.     September  12,  1864. 

10.  Resolves  inviting  Massachusetts  aid.     March  25, 1864. 

11.  Resolves  asking  aid  from  U.S.  Gov't.     March  25,  1864. 

12.  Bill  reported  by  House  Committee  of  Congress.    June 

20,  1864. 

13.  Application  of  Governor  of  Maine  to  Secretary  of  War, 
for  appointment  of  Engineer. 

14.  Facility  Bill  in  New  Brunswick. 

15.  Charter  in  New  Brunswick. 

16.  Resolve  of  Nova  Scotia. 

17.  Certificate  of  Attorney  General  of  Maine. 


i^No.  1.) 
STATE    OF    MAINE. 


IN  THE    YEAR   OP    OUR   LORD   ONE   THOUSAND    SIGHT   HUNDRED    AND 

FIFTf. 


AN  ACT  to  incorporate  the  European  and  North  American  Raikoay 
Ccmpany. 

Be  it  enacted  bt/  the  Senate  and  House  of  Mepresentatives  in  Legislature 
assembled,  as  follows  : 

Sec.  1.  Elijah  L.  Hamlin,  Ansou  G.  Chandler,  JohnA.  Poor,  Moses  L.  Apple- 
ton,  Samuel  I*.  Strickland,  Leonard  March,  Wyman  B.  S.  Moor,  Daniel  W.  Brad- 
ley, George  W.  Pickering,  Waldo  T.  Pierce,  Rufus  Dwinel,  Josiah  S.  Little, 
Jamea  B.  Cahoon,  Charles  Q.  Clapp,  F.  O.  Ju  Smith.  John  B.  Brown,  John  An- 
derson, George  P.  Shepley,  Henry  Carter,  Thomas  J.  D.  Fuller,  John  Stickney, 
George  M.  Chase,  George  Downes,  NoaU  Smith,  Jr.,  Ichabod  R.  Chadbourne. 
Bion  Bradbury,  James  P.  Wheeler,  James  S.  Pike,  Stephen  R.  Hanscom,  John  N. 
M.  Brewer,  and  Stephen  Emerson,  their  associates,  successors  and  assigns,  are 
hereby  made  and  constituted  a  body  politic  and  corporate,  by  the  name  of  the 
European  and  North  American  Railway  Company,  and  by  that  name  may  sue 
and  be  sued,  plead  and  be  impleaded,  and  shall  have  and  enjoy  all  proper  reme- 
dies at  law  and  in  equity,  to  secure  and  protect  them  in  the  exorcise  and  use  of 
the  rights  and  privileges,  and  in  the  performance  of  the  duties  hereinafter  grant- 
ed and  enjoined,  and  to  prevent  all  invasion  thereof,  or  interruption  in  exercise 
ir.g  and  performing  the  same.  And  the  said  corporation  are  hereby  authorized 
and  empowered  to  locate,  construct,  and  finally  complete,  alter  and  keep  ia  re- 
pair a  railway,  with  one  or  more  sets  of  rails  or  tracks,  with  all  suitable  bridges, 
tunnels,"  viaducts,  taraouts,  culverts,  drains,  and  all  other  necessary  appendages, 
from  the  city  of  liangor,  crossing  Penobscot  River  above  the  Bangor  and  Brewer 
Bridge,  over  the  most  practicable  route,  in  a  line  to  the  city  of  St.  John,  in  New 
Brunswick,  to  the  Eastern  boundary  of  the  State;  so  as  best  to  connect  tUfcre 
with  a  railway  to  be  constructed  from  said  city  of  St.  John  to  said  Eastern  boun- 
dary, under  a  charter  from  said  Province,  with  the  like  name  as  is  used  in  this 
charter,  as  the  directors  of  said  corporation  in  the  exercise  of  their  best  judgment 
and  discretion  shall  judge  most  favorable  and  best  calculated  to  promote  the 
public  convenience  and  carry  into  effect  the  intentions  and  purposes  of  this  act. 
And  said  corporation  shall  be,  and  hereby  are,  invested  with  all  the  powers, 
privileges  and  immunities,  which  are  or  may  be  necessary  to  carry  into  effect  the 
purposes  and  objects  of  this  act  as  herein  set  forth.  And  for  this  purpose  said 
corporation  siiall  have  the  right  to  purchase,  or  to  take  and  hold  so  much  of  tiie 
land  and  other  real  estate  of  private  persons  and  corporations,  as  may  be  neces- 
sary for  the  location,  construction  and  convenient  operation  of  said  railroad;  and 
they  shall  also  have  the  right  to  take,  remove  and  use  for  the  construction  and 
repair  of  said  lailroad  and  appurtenances,  any  earth,  gravel,  stone,  timber  ot 

2 


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ether  mnterialfi,  on  or  from  the  land  go  tiikcn.  Provided,  howivtr,  that  eaid 
land  so  tiikon,  shall  not  exceed  six  rod.s  in  width,  exec  pt  wiicro  (iiinter  width  is 
nocesFary  for  the  purpose  of  excavation  or  embankment:  a7ul  provided,  a/so, 
that  in  all  caeeH,  said  corporation  shall  pay  for  such  lands,  estate  or  materials  so 
token  and  used,  such  price  as  they  and  the  owner  or  respective  owners  thereof, 
may  mutually  agree  on;  and  in  case  said  parties  shall  not  otherwise  agree,  then 
said  corporation  shall  pay  such  damages  as  shall  be  ascertained  and  determined 
by  .'he  county  commissioners,  for  the  county  where  such  land  or  other  projierty 
may  be  situated,  in  the  same  mann(  r.  and  under  the  same  conditions  and  limi- 
tations, as  are  by  law  provided  in  the  case  of  damages  by  the  laying  ont  ot  high- 
ways, And  the  land  so  taken  by  said  corporation,  shall  be  held  as  lands  taken 
and  appropriated  tor  public  highways.  And  no  application  to  said  commission- 
ers to  estimate  said  damages  shall  be  sustained,  unless  made  within  three  years 
from  the  time  of  taking  such  land  or  other  property;  and  in  case  such  railroad 
shall  pass  through  any  woodlands  or  forests,  the  said  con  pany  shall  have  the 
right  to  fell  and  remove  any  trees  standing  therein,  within  four  rods  I'rcni  such 
rtiad.  which  by  their  liability  to  be  blown  down,  or  from  their  natural  tailing, 
might  obstruct  or  impair  said  railroad,  by  paying  a  just  compensation  therefor, 
to  he  recovered  in  the  same  manner  as  is  provided  for  the  recovery  of  other 
damages  in  this  act,  And  furthermore  said  corporation  shall  have  all  tiie  pow- 
ers, privileges  and  immunities,  and  be  subject  to  all  the  duties  and  liabilities, 
provided  and  prescribed,  respecting  railroads,  iu  chapter  eighty-one  of  the  revis- 
ed statutes,  not  inconsistent  with  the  express  provisions  of  this  chapter. 

§  2.  When  said  corporation  shall  take  any  land,  or  other  estate,  as  aforesaid, 
of  any  infant,  person  non  compos  mentis,  or  femme  covert,  whose  husband  is  under 
guardianship,  the  guardian  of  such  infant,  or  person  non  compos  mentis,  and 
such  feramu  covert,  with  the  guardian  of  her  husband,  shall  have  full  power  and 
authority  to  agree  and  settle  with  said  corporation,  for  damages  or  claims  tor 
damages,  by  reason  of  taking  such  land  and  estate  aforesaid,  and  give  good  and 
valid  releases  and  discharges  therefor. 

^  3.  The  capital  stock  of  said  corporation  shall  consist  of  not  less  than  ten 
:thou8and,  nor  more  than  forty  thousand  shares;  and  the  immediate  govern- 
ment and  direction  of  the  affairs  of  said  corporation,  shall  be  vested  in  seven, 
nine,  or  thirteen  directors,  who  shall  be  chos(!n  by  the  members  of  said  corpo- 
ration in  the  manner  hereinafter  provided,  and  shall  hold  their  ofhces  until  others 
shall  have  been  duly  elected  and  qualiflcd  to  take  their  places,  a  majority  of 
whom  shall  form  a  quorum  for  the  transaction  of  business;  and  they  shall  elect 
one  of  their  number  to  be  president  of  the  board,  who  shall  also  be  the  president 
of  the  corporation;  and  shall  have  authority  to  choo.se  a  clerk,  who  shall  be 
.sworn  to  the  faithful  discharge  of  his  duty;  and  a  treasurer,  who  shall  be  sworn, 
and  also  give  bonds  to  the  corporation  with  sureties  to  the  satisfaction  of  the 
directors,  in  the  sum  of  not  less  than  fifty  thousand  dollars,  for  the  faithful  di.s- 
charge  of  his  trust.  And  for  the  purpose  of  receiving  subscriptions  to  the  said 
stock,  books  shall  be  oi)ened  under  the  direction  of  the  three  persons  first  named 
in  the  first  section  of  this  act,  at  such  time  as  they  may  determine,  in  the  town 
of  Calais,  and  the  cities  of  Augusta,  Bangor  and  Portland,  in  this  State,  and  ohse- 
where  as  they  may  appoint,  to  remain  open  for  ten  successive  days,  of  which  time 
and  place  of  subscription  public  notice  shall  be  given  in  some  newspaper  print- 
ed in  Portland,  Augusta,  iJangor  and  Calais,  twenty  days  at  least  previous  to 
the  opening  of  such  subscription;  and  in  case  the  amount  subscribed  shall  exceed 
forty  thousand  shares,  the  same  shall  be  distributed  among  all  the  subscribers, 
according  to  such  regulations  as  the  persons  having  charge  of  the  opening  ot 
the  subscription  books  shall  prescribe,  before  the  opening  of  said  books.  And 
the  three  persons  first  named  in  the  first  section  of  this  act,  are  hereby  authorized 
to  call  the  first  meeting  of  said  corporation,  by  giving  notice  in  une  or  more 
newspapers  puldished  in  the  town  and  cities  last  above  named,  of  the  time  and 
place,  and  the  purposes  of  such  meeting,  at  least  twenty  days  before  the  time 
mentioned  in  such  notice. 

§  4.  Said  corporation  shall  have  power  to  make,  ordain  and  establish,  all  nec- 
essary by-laws  and  regulations,  consistent  with  the  constitution  and  laws  of  this 
State,  for  their  government,  and  for  the  due  and  orderly  conducting  of  their  af- 
af'irs,  and  the  mauagement  of  their  property. 


,* 

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§  5.  The  president  and  directors  for  the  time  being  are  hereby  authorized  and 
onipowered,  by  tliemselvcs  or  their  ngents,  to  exeroiBe  nil  the  powers  herein 
grunted  to  the  corporation,  for  tiie  purpose  of  locating,  confitructing  and  com- 
pleting said  railroad,  and  for  the  transportation  of  persons,  goods  and  property 
of  all  descriptions,  and  all  such  po\v(?r  and  authority  for  the  niauagemi'nt  of  the 
ftttnirs  of  tht;  corporation,  as  may  be  necessary  and  proper  to  carry  into  eft'oct 
the  objects  of  this  grant;  to  purchase  and  hold  within  or  without  the  State,  land, 
materials,  engines,  and  cars,  and  other  necessary  things,  in  the  name  of  the  cor- 
poration for  tile  use  of  said  road,  and  for  tlie  transportation  of  pcrsoni,  goods 
and  property  of  all  descriptions;  to  make  s'lch  equal  assessments  from  time  to 
time,  on  all  the  shares  in  said  corporation,  as  tliey  may  deem  expedient  and  nec- 
essary in  the  execution  and  the  progress  of  the  work,  and  direct  the  same  to  bo 
paid  to  the  treasurer  of  the  corporation.  And  the  treasurer  shall  give  notice  of 
all  such  assessments;  and  incase  any  subscriber  or  stockholder  shall  neglect  to 
pay  any  assessment  on  liis  share  or  shares  for  the  spivce  ol'  thirty  days  after  such 
notice  is  given  as  shall  bo  prescribed  l)y  the  by-laws  of  said  corporation,  the  di- 
rector.? may  order  the  treasurer  to  sell  such  share  or  shares  at  p  olio  auction, 
after  giving  such  notice  ai-  may  be  i)re.'cribed  as  aforesaid,  to  the  highest  bidder, 
and  tlie  san\e  KJiall  be  transferred  to  the  purchaser,  and  such  delinquent  subscri- 
ber or  stockholder  sliall  be  held  accountable  to  the  corporation  for  the  baltvice, 
if  his  share  or  .shares  shall  sell  for  less  than  the  assessments  due  thereon,  with 
the  interest  and  costs  of  sale;  and  shall  bo  entitled  to  the  overplus  if  his  share 
or  shan.'s  shall  sell  for  more  tlian  the  assessments  due,  with  interest  and  costs  of 
sale;  provided,  that  no  shareholder  in  said  company  shall  be  in  any  manner 
whatever  liable  for  any  debt  or  demand  due  by  said  company,  beyond  the  ex- 
tent ot  iiis,  htr  or  their  shares  in  the  capital,  stock  of  said  company  not  paid  up; 
and  no  assessment  sliall  be  laid  upon  any  shares  in  said  company  of  a  greater 
amount  in  the  whole  than  one  huudred  dollars. 

§  G.  A  toll  i.s  hereb3'  granted  and  established  for  the  sole  benefit  of  said  cor- 
poration, upon  all  pas.'iengers  and  property  of  all  descriptions,  which  may  be 
convt'yed  or  transported  by  them  upon  said  road,  at  such  rate  as  may  be  agre"d 
upon  ami  established  from  time  to  time,  by  the  directors  of  said  corporation. 
The  tran.sportation  of  persons  and  property — the  construction  of  wheels — the 
form  of  cars  and  carriages — the  weights  of  loads,  and  all  other  matters  and 
things  in  relation  to  said  road,  shall  be  in  conformity  with  such  rules,  regula- 
tions and  provisions  as  tuo  directors  shall  from  time  to  time  prescribe  and  direct. 

§  7.  Tiiu  legislature  may  authorize  any  other  company  or  companies  to  con- 
nect any  other  railroad  or  railroads,  with  the  railroad  of  said  corporation,  at  any 
points  on  the  route  of  said  railroad.  And  this  company  is  hereby  authorized  to 
connect  any  railways  they  may  construct  under  this  charter,  with  any  other 
railway  existing  or  to  be  constructed  within  this  State.  And  said  corporation 
siio.U  receive  and  transport  all  persons,  goods,  and  property  of  all  descriptions, 
wiiich  may  be  carried  and  transported  to  the  railroad  of  said  corporation  on 
such  other  railroads  as  may  be  hereafter  authorized  to  be  connected  therewith, 
at  the  tame  rates  of  toll  and  freight  as  may  be  prescribed  by  said  corporation, 
so  that  the  rates  of  freight  and  toll  on  such  passengers,  gflods  and  other  property 
as  nuiy  be  received  from  such  other  railroads,  so  connected  with  said  railroad  as 
aforesaid,  shall  not  exceed  the  general  rates  of  freight  and  toll  on  said  railroad 
received  for  freight  and  passengers  at  any  of  the  deposits  of  said  corporation. 

§  8.  II  the  said  railroad  in  the  course  thereof  shall  cross  any  private  way,  the 
paid  corpoi  atiou  shall  so  construct  said  railroad  as  not  to  obstruct  the  safe  and 
convenient  use  of  such  private  way;  and  if  the  said  railroad  shall  in  the  course 
ihori'of  cross  any  canal,  turnpike,  railroad,  or  other  highway,  the  said  railroad 
shall  be  so  constructed  as  not  to  obstruct  the  safe  and  convenient  use  of  such 
caual,  turnpike,  or  other  highway;  and  the  said  corporation  shall  have  power 
to  raise  or  lower  such  turnpike,  highway,  or  private  way,  so  that  the  said  rail- 
road, if  necessary,  may  conveniently  pass  under  or  over  the  same,  and  erect  such 
gate  or  gates  thereon  as  may  be  necessary  for  the  safety  of  travelers  on  said 
turnpike,  railroad,  highw  ly  or  private  way. 

§  !).  Said  railroad  corporation  shall  constantly  maintain  in  good  repair  all 
bridges,  with  their  abutments  and  cmbaukmeata,  which  they  may  construct  for 


8 


(ho  purpose  of  conductiiin  tlii-ir  rtiilrond  over  any  canal,  tiirnpiko,  liiglnvay,  or 
private  way,  or  lor  coiulucliiif^  tiiich  private  way  or  turnpike  over  niiid  railroad. 

§  10.  If  said  railroad  i^liiili  in  tlie  course  thereof  crosH  any  tide  waters,  iiavi 
gable  riverH  or  tstreanis,  the  ^aid  eorporaliou  are  hereby  nulliori/.ul  and  ('in))ow- 
ered  to  erect,  for  the  mde  aiid  e.xchi.sive  travel  on  their  paid  railroad,  a  bridjjc 
ncrosH  each  of  »aid  riverw  or  streams,  or  across  any  fiueh  tide  watirH:  /uovidcd, 
fiaid  bridge  or  brid^jcH  nhall  be  so  constructed  as  not  unnecessarily  to  ot)struct  or 
impede  the  navigation  of  said  waters. 

1^  11.  Said  railroad  corporation  shall  erect  and  nnuntain  substantial,  legal  and 
Buillcient  fences  on  each  side  of  tlie  land  taken  by  them  lor  their  railroad,  wliere 
the  same  passes  through  inclosed  or  improved  lands,  or  lands  that  may  her(  after 
1)0  improved;  and  for  neglect  or  failure  to  erect  and  maintain  such  fence,  said 
corporation  .shall  be  liable  to  bo  indicted  in  the  district  court  for  the  county 
where  such  fence  shall  be  insufficient,  and  to  bo  lined  in  such  sum  as  shall  be  ad- 
judged necessary  to  repair  the  same;  and  such  fine  shall  bo  e.xpended  for  the 
erection  or  repair  of  said  fence  undei  the  direction  of  an  agent  appointed  by 
said  court,  as  in  cases  of  lines  imposed  upon  towns  for  deliciency  of  highways. 

^  12.  The  said  corporation  shall  at  all  times  when- the  Postmaster  General 
Bhall  require  it,  be  bolden  to  transport  the  mail  of  the  United  States,  from  and 
to  such  place  or  places  on  said  road  as  required,  for  a  fair  and  reasoiuiblo  com- 
pensation. And  in  case  the  corporation  and  the  Postmaster  General  shall  be 
unable  to  agree  upon  the  compensation  aforesaid,  the  legitlature  shall  determine 
the  same.  And  said  corporation,  after  they  shall  commence  the  receiving  of 
tolls,  shall  be  bound  at  all  times  to  have  said  railroad  in  good  repair,  und  a  suf- 
llcient  number  of  suitable  engines,  carriages  and  other  vehicles  for  the  transpor- 
tation of  persons  and  articles,  and  be  obliged  to  receive  at  all  proper  times  and 
places,  and  convey  the  same  when  the  appropriate  tolls  therefor  shall  be  paid 
and  tendered,  and  a  lien  is  hereby  created  on  all  articles  transported  for  said 
tolls.  And  the  said  corporation,  fulfilling  on  its  part  all  and  singular  the  several 
obligations  and  duties  by' this  section  imposed  and  enjoined  upon  it.  sliall  not  be 
held  or  bound  to  allow  any  engine,  locomotive,  cars,  carriages  or  other  veliicle 
for  the  transportation  of  persons  or  merchandise  to  pass  over  said  railroai'  other 
than  ils  own,  furnished  and  provided  for  that  purpose,  as  herein  enjoined  and 
required.  Provided,  however,  that  the  said  corporation  shall  be  under  obliga- 
tions to  transport  over  said  road,  in  connection  with  their  own  trains,  the  pas.'en- 
ger  and  other  cars  of  any  other  incorporated  company  that  may  heri'after  con- 
struct a  railroad  connecting  with  that  hereby  authorized;  such  other  company 
being  subject  to  all  the  provisions  of  the  sixth  and  seventh  sections  of  this  act, 
as  to  rates  of  toll,  and  all  other  particulars  enumerated  in  said  sections. 

§  13.  If  any  person  shall  wilfully  and  maliciously,  or  wantonly  and  contrary 
to  law,  obstruct  the  passage  of  any  carriage  on  said  railroad,  or  in  any  way 
spoil,  injure  or  destroy  said  railroad,  or  any  part  thereof,  or  anything  belonging 
thereto,  or  any  material  or  implements  to  be  employed  in  the  constructioii  or 
for  the  use  of  said  road,  he,  she,  or  they,  or  any  person  or  persons  assisting,  aid- 
ing or  abetting  such  trespass,  shall  forfeit  and  pay  to  said  corporation  for  every 
such  offence,  treble  suah  damages  as  shall  b*e  proved  before  the  justice,  court  or 
jury,  before  whom  the  trial  shall  bo  had,  to  be  sued  for  before  any  justice  or  in 
any  court  proper  to  try  the  same,  by  the  treasurer  of  the  corporation,  or  other 
officer  whom  they  may  direct,  to  the  use  of  said  corporation  And  such  oflen- 
der  or  offenders  shall  bo  liable  to  indictment  by  the  grand  jury  of  the  county , 
within  which  trespass  shall  have  been  committed,  for  any  offence  or  offences 
contrary  to  the  above  provisions;  and  upon  conviction  thereof  belbre  any  court 
competent  to  tr^-  the  same,  shall  pay  a  fine  not  exceeding  five  hundred  dollars, 
to  the  use  of  the  State,  or  may  be  imprisoned  for  a  term  not  exceeding  five 
years,  at  the  discretion  of  the  court  before  whom  such  conviction  may  be  had. 

§  14.  Said  corporation  shall  keep  in  a  book  for  that  purpose,  a  regular  account 
of  all  their  disbursements,  expenditures  and  receipts,  and  the  books  of  said  cor- 
poration shall  at  all  times  be  open  to  the  inspection  of  the  governor  and  council, 
and  of  any  committee  duly  authorized  by  the  legislature;  and  at  the  expiration 
of  every  year,  the  treasurer  of  said  corporation  shall  make  on  exhibit  under  oath 
to  the  ]■    islature,  of  the  net  profits  derived  from  the  income  of  said  railroad. 

§  15.  All  real  estate  purchased  by  said  corporation  for  the  use  of  the  same  un- 


dcr  fli«  fifth  Bocllon  ol'  thiH  act  Hliall  be  taxnhlt;  to  said  corporation  by  tlio  Reveral 
towns,  citios  and  plantations  in  whicii  fluid  lands  lie.  in  tlio  samo  manner  as 
lands  ownod  by  private  persons,  and  shall  in  the  valuation  list  bo  ostiinati'd  tho 
same  as  other  val  estate  of  the  same  '(ualily  in  such  town,  city  or  plantation, 
and  not  otherwise;  and  the  sliares  owned  by  the  respective  stockholders  shall  be 
deenied  personal  estate,  and  be  taxable  as  sucli  to  the  owners  tlierttof,  in  ttie 
places  where  they  reside  and  have  their  home.  And  whenever  the  net  income 
of  said  corporation  shall  liavo  amounted  to  ten  per  centum  per  annum,  upon  tiie 
cost  of  the  road  and  its  appendages  and  incidental  expenses,  the  directors  shall 
make  a  special  report  of  the  fact  to  the  legislature;  from  and  niter  which  time 
one  moiety  or  sujh  other  portion  as  the  legislature  may  from  time  to  time  de- 
termine, of  the  net  income  of  said  railroad  accruing  thereafter  over  and  abovi? 
ton  per  centum  per  annum  first  to  be  paid  to  thestockholdets,  shall  aiiiinally  ln' 
paid  over  by  the  treasurer  of  said  corporation,  as  a  ta.x,  into  the  treasury  of  tlie 
State  for  the  use  of  the  State.  And  the  State  may  have  and  maintain  an  action 
against  said  corporation  therefor,  to  recover  the  same.  But  no  other  tax  than 
herein  is  provided  shall  ever  be  levied  or  assessed  on  said  corporation,  or  any 
of  their  privileges  or  franchises. 

§  10.  The  annual  meeting  of  the  members  of  said  corporation  shall  bo  holden 
on  the  last  Wednesday  in  July,  or  such  other  day  as  shall  be  determined  by  tln' 
by-laws,  at  such  time  and  place  as  the  directors  for  the  time  being  shall  appoint; 
at  whicli  meeting  the  directors  shall  be  chosen  l)y  ballot,  eacli  proprietor  by 
himself  or  proxy  being  entitled  to  as  many  vote.^  as  he  holds  shan  s;  and  the  di- 
reetors  are  hereby  authorized  to  call  special  meetings  of  the  stockholders  when- 
ever they  shall  deem  it  expedient  and  proper,  giving  such  notice  as  the  corpora- 
tion by  their  by-laws  shall  direct. 

cj  17.  Tlie  legislature  shall  at  all  times  have  the  right  to  inquire  into  the 
doings  of  I  lie  cor|)()ratlon,  and  into  the  manner  in  which  the  privileges  tuid  friui- 
chisi's  herein  and  herel)y  granted  may  have  been  used  and  employed  by  said 
corporation,  and  to  correct  and  prevent  all  abuses  of  the  same,  and  to  p.iss  niiy 
law  s  imposing  lines  and  penalties  upon  said  corporation,  which  may  be  necessary, 
more  ellectually  to  compel  a  compliance. with  the  provisions,  liabilities  and  dii- 
lii'K  liiTeiiibefore  set  forth  an  1  enjoined,  but  not  to  impose  any  other  or  furthi  r 
dutie.-;.  liabilities,  or  obligation.-..  And  this  charter  shall  not  be  revoked,  annull- 
ed, alkOied,  limited  or  restrained  without  the  consent  of  the  corporation,  except 
by  due  process  of  law. 

§  IS.  li  the  said  corporation  shall  not  have  been  organized,  and  the  location 
aceordiii;,'  to  actual  survey  of  the  route  filed  with  the  county  commissioner  of 
the  counties  through  which  the  same  shall  pass,  on  or  before  the  thirty-first  day 
of  i)ec(Uiil)er.  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  fifty-five, 
or  if  the  said  corporation  shall  fail  to  complete  said  railroad  on  or  before  the 
thirty-lir.st  day  of  December,  in  the  year  of  ouv  Lord  one  thousand  eight  hundred 
and  sixty-live,  in  either  of  the  above  mentioned  cases  this  act  shall  be  null  and 
void. 

§  19.  Said  company  shall  not  engage  in,  nor  commence  the  construction  of 
any  section  or  sections  of  said  railway,  until  seventy-five  per  centum  of  the  es- 
timated co.-Jt  of  said  section  or  sections  shall  have  beer  .-'.bscribed  for  by  re- 
sponsil)le  p(!rsons. 

§  20.  If  the  I'rovinces  of  New  Brunswick  and  Nova  Scoti,.,  or  either  of  them. 
shall,  in  any  li-gal  way  and  manner,  constitute  this  company  a  company  within 
its  limits  and  jurisdiction,  this  company  is  hereby  authorized  and  empowered  to 
exercise  within  said  limits  and  jurisdiction  of  such  Province  all  the  righto  and 
power.-,  ;iud  shall  have  and  enjoy  all  the  privileges  and  immunities  which  it 
could  have,  e.xercise  or  enjoy  within  this  State. 

§  21.  The  said  European  and  North  American  Railway  Company  are  hereby 
authorized  and  empowered  to  contract  with  the  Government  of  the  United 
States,  and  any  foreign  government  or  power,  for  the  carrying  of  the  mail  of  any 
such  government  or  power,  over  or  within  any  of  the  territories  where  said  com- 
pany may  exercise  or  enjoy  any  of  the  powers,  privileges,  or  immunities  herein 
granted  to  it. 

Approved,  August  20th,  1850. 


10 
STATE    OF   MAINE 


IN   THE   YEAR    OF    OUR    LOUD    ONE    THOUSAND    EIGHT    HtTNIIRED    AND 

FIFTY. 


AN  ACT  concerning  the  European  and  North  American  Railway 
Company. 

Be  it  enacted  by  the  Senate  and  House  of  Beprexentatives  in  Legislature 
assembled,  as  foUows  : 

In  ca:,e  tie  European  and  Nortb  Ameiiciin  Railway  Company  pball  be  con- 
stituted a  corporation  in  the  Provinces  of  New  Brunswick  and  Nova  Scotia,  or 
either  of  them,  then  and  in  that  case  the  said  company  may  be  allowed  to  in- 
crease its  capital  stock,  in  shares  of  one  hundred  dollars  each,  to  an  amount 
equal  to  ibe  cost  of  constructing  said  road,  so  incorporated  and  constituted,  not 
exceeding  the  number  of  one  hundred  and  liity  thousand  shares  in  all. 

In  the  House  of  Representatives.  August  2Cth,  18.50. 
This  bill  having  had  three  several  readings,  passed  to  be  enacted. 

SAMUEL  BELCHER,  Speaker. 

In  Senate.  26th,  1350, 
This  bill  having  had  two  se\  eral  readings.  i)assed  to  be  enacted. 

PAULINOS  M.  FOSTER.  President. 
Approved,  August  27th,  1850. 

JOHN  HUBBARD. 

Secretary's  Oflicp,  Augusta".  Aug.  27th.  1850. 
I  hereby  certify  that  the  foregoing  is  a  copy  of  the  original  depos-ited  in  this 
office. 

ALDEX  JACKSON,  Drputy  Secretin  of  Stat". 


STATE    OF    MAINE. 


lxFa?>OIiVE  in  favor  of  the  European  and  North  Avieriran  Railuiay 
Company. 

Resolved,  That  the  Governor  be  authorized  to  cause  a  reconnoisance  and  pre- 
liminary survey  to  be  n)ade  of  a  route  fo'-  said  railway,  from  the  City  oC  Bangor, 
crossing  the  Penobscot  River  north  of  the  Bangor  and  Brewer  Brid;ii'.  over  the 
most  practicable  and  direct  route,  in  a  line  to  the  City  of  St,  John,  in  New  Bruns- 
wick, to  the  F-istern  boundary  of  the  State,  .^o  as  to  connect  there  witli  a  rail- 
way to  bo  constructed  from  said  (/ity  of  St.  Joiin  to  said  Eastern  boundary. 

Resolved,  That  the  Governor  be  authnri/cd  to  druw  his  warrants  upon  the 
Treasury,  from  time  to  time,  not  exceeding  the  sum  of  five  thousand  dollars,  to 
defray  tbo  necessary  expenses  of  said  reconnoisance  and  survey;  said  sum  to  be 
expended  and  paid  under  the  direction  of  the  Governor  and  Council. 

Resolved,  That  the  persons  coiiducting  said  survey  shall  (examine  and  report 
such  geological  and  mineralogical  evidence  and  facts  as  shall  be  discovered  by 
them,  in  making  such  survey. 


Read  and  passed. 

Read  and  parsed. 
Approved. 


In  the  Hotise  of  Representatives,  August  20th,  1850. 

SAMUEL  BELCHER,  Speaker. 
In  Senate,  August  '.;Otb,  1850. 

PAULINUS  M.  FOSTER,  President. 

JOHN  HUBBARD. 


11 


Secrotary'3  Office,  Augrist  20th,  1850. 
I  herebv  certify  that  the  foregoing  is  a  true  copy  of  the  original  deposited  in 
this  office. 

ALDEN  JACKSON,  Deputy  Secretary  of  State. 


STATE   OF    MAINE. 


RESOLVE  in  regard  to  the  European  and  North  American  Railway 
Company. 

Reealveii,  That  the  Governor  is  hereby  anlhori:ied  and  empowered  to  commu- 
nicate to  the  President  and  Congress  of  ihe  United  States,  from  time  to  tirac. 
such  information  as  he  may  deem  it  advisable  to  It-y  before  them,  as  to  the  ad- 
vantages of  the  route  through  Maine,  proposed  for  the  European  and  North 
American  Railway  lor  securing  the  most  rapid  means  of  communication  between 
Europe  and  America,  and  to  invite  such  eo  operation  on  the  part  of  the  General 
Government  in  aid  of  the  same,  as  the  interests  of  Maine  may  require. 

In  the  House  of  Representatives,  August  26th,  1850. 
Read  and  passed. 

SAMUEL  BELCHER,  Speaker. 

In  Senate,  August  2Gth,  1850. 
Read  and  passed. 

PAULINUS  M.  FOSTER,  President. 
Approved,  August  28th,  1850. 

JOHN  HUBBARD. 

Secretary's  Office,  Augusta,  August  31.  1850. 
I  hiU'(>by  coitil'y  tliaJ,  the  ftyogoing  is  a  true  copy  of  the  original  deposited  ia 
this  office. 

JOHN  G.  SAWYKR,  Secretary  of  State. 


(No.  2.) 
STATE    OF   MAINE. 


IN   THE    YKAK    OF    OUR    LORD    ONE   THOUSAND    EIGHT    HUNDRED    AND 

FIFTY-THREE. 


AN   AC/V  to  proride  for  Certain.  Ra i/ ran d  ammcf ions  for  th^  Ejuropcan 

and  North  American  Raiiwtty  Com'pamj. 

Be  it  mnrhd  by  (he  SemtJe  and  House  of  Jifpresentatives  in  Legislature  assembled, 
asfolloirfi : 

Sec.  1.  The  European  and  North  Auiericim  Kailway  Company  ia  hereby 
authorized  to  connect  its  railroad,  at  Bangor,  with  tlie  Penobscot  and  Keuue- 
bcc  llailniad,  upon  such  terms  and  arrangements  that  all  passengers,  mei-- 
chaudise  and  property  coming  from  or  destined  to  the  road  of  said  European 
and  North  American  Railway  Company,  shall  be  transported  over  said  Penob- 
scot and  Kennebec  Railv^ad,  at  rates  of  fare  and  freight  as  favorable  as  shall 
at  the  same  time  be  established  or  allowed  by  sa'd  Penobscot  and  Kennebec 
Railroad  OiMupany  for  any  other  passengers,  merchandise,  or  property  trans- 
ported ovtif  the  road  of  said  company. 

i§  2.  Any  railroad  company,  which  has  bei-n,  or  maj'  hereafter  be  chartered 
by  tho  Leyisluture,  with  authority  to  extend  its  roau  to  auj  point  on  the  char- 


iii' 


12 


terod  route  of  t^e  Penobscot  and  Kennebec  Railroad,  shftll  be  at  liberty  io 

connect  its  road  with  said  Penobscot  and  Kennebec  Railroad,  upon  either 
Bide  thereof  and  all  passengers,  merchandise,  or  other  property  eqming  from 
or  destined  to  such  connecting  road  shall  be  transported  over  said  Penob- 
is(  ot  and  Kennebec  Railroad,  to  or  from  the  point  of  connection,  at  rates  of 
fnre  and  freight  as  favorable  as  shj.U  at  the  same  time  be  established  or  al- 
lowed by  said  Penobscot  and  Kennebec  Railroad  Company,  for  any  other 
pafsengers,  merchandise,  or  property  transported  over  the  road  of  said  com- 
pany. 

§  3.  All  passengers,  merchandise  and  property  transported  over  any  con- 
recting  road  mentioned  in  the  two  preceding  sections,  coming  from  or 
destined  to  the  Penobscot  and  Kennebec  Railroad,  shall  ba  carried,  received, 
and  delivered  by  snch  connecting  company,  at  rates  of  fare  and  freight  as  fa- 
vorable as  shall  at  the  same  time  be  established  or  allowed  by  such  connecting 
I'ompnny  for  any  other  passengers,  merchandise,  or  property  transported 
over  such  connecting  road. 

v|j  4.  If  any  of  ihe  connecting  companies  aforesaid  shall  be  unable  to  agree 
with  the  Penobscot  and  Kennebec  Railroad  Company,  in  respect  to  the  place 
or  maimer  of  connection  with  said  T!'ailro<'d,orin  respect  to  the  terms  of  such 
connection,  or  the  rates  of  fare  and  freight  thereon,  both  for  local  and  through 
business,  or  the  division  ol  receipts  resulting  from  transportation  ovei  the 
roads  so  connected,  either  party  may  apply  to  the  Supreme  Judicial  Court, 
bolden  at  any  term,  within  any  county  in  which  either  of  such  connecting 
roads  ^hall  be  located,  for  the  appointment  of  commissioners,  to  determine 
upon  the  matter  of  such  disagreement.  Such  notice  of  said  application  shall 
be  given  to  the  other  party,  as  the  Court  may  direct,  and  thereupon  the  Court 
shall  appoint  three  Commissioners,  who  shall,  upon  due  notice  to  the  parties 
interested,  and  aft^^r  hearing  the  same,  proceed  to  determine  and  award,  in 
writing,  upon  the  matter  submitted  to  them,  a  .d  prescribe  the  things  to  be 
done  and  performed  by  the  parties,  or  either  of  them  ;  and  said  Commission- 
ers shall  award  costs  to  either  party  at  their  discretion.  The  award  of  said 
Comuiissioneis,  or  a  majority  of  them,  shall  be  returned  to  the  Court,  in  the 
county  where  tlie  application  was  made,  and  the  same  shall  then  be  accepted 
and  recoided,  unless  the  Court,  for  cause  shown,  shall  order  the  same  to  be 
recommitted,  for  further  hearing  and  determination.  And  upon  the  accept- 
ance of  such  award,  the  same  shall  be  binding  upon  the  respective  companies 
interested  in  the  same,  until  a  new  award  shall  be  made  upon  a  further  appli- 
cation therefor  ;  but  no  application  for  a  further  award  shall  be  made  Avithin 
one  year  after  the  acceptance  of  a  preceding  award. 

§  5.  The  Court  shall  have  the  power  to  prescribe  the  mode  of  proceeding 
by  said  Commissioners,  and  may  issue  all  such  process  as  may  be  necessary 
to  secure  the  due  execution  and  performance  of  any  award  made  and  accepted 
under  the  provisions  of  this  act. 

§  6.  The  capital  stock  of  the  European  and  North  American  Railway  Com- 
pany may  be  divided  into  not  less  than  one  thousand,  nor  more  than  one 
hundred  and  fifty  thousand  shares,  of  twenty  pounds  sterling  each,  or  one 
hundred  dollars  each,  as  said  company  may  elect ;  and  said  company  may 
issue  its  bonds  in  sterling  currency  in  the  same  manner  as  is  now  authorized 
by  law. 

§  7.  The  European  and  North  American  Railway  Company  is  hereby 
auihorized  to  purchase  or  lease  any  portion  of  anv  other  railroad,  which  has 
been  chartered  and  located,  or  may  hereafter  be  located  between  the  City  of 
Rangor  and  the  eastern  boundary  of  the  .State,  and  may  purchase  or  lease  the 
Penobscot  jd  Kennebec  Railroad,  so  as  to  form  a  connected  line  of  road 
from  the  boundary  aforesaid  to  the  western  terminus  of  said  Penobscot  and 
Kennebec  Railroad.  And  in  case  of  any  such  purchase,  the  stock  and  franchise 
of  the  company  whose  road  shall  be  so  purchased  shall  be  consolidated  into, 
and  become  .  part  of  the  stock  and  franchise  of  the  European  and  North 
American  Railway  Company;  and  all  the  privileges  and  power.s  acquired  by 
such  purchase  shall  be  held  and  enjoyed  under  the  charter  of  said  company, 
find  said  company  shall  be  required  to  perfoim  and  discharge  ail  the  duties 
and  liabilities  imposed  by  law  upon  the  company  whose  road  shall  be  so  pur- 
chased. 


§  8.  A  further  time  of  one  year  from  the  passage  of  the  act  is  hereby  grant- 
ed, within  which  the  said  Penobscot  and  Kennebec  Railroad  Company  may 
make  a  new  location  of  any  part  of  their  road  between  Waterville  and  Bangor, 
but  not  so  as  to  cross  the  Kennebec  River  at  any  point  farther  north  than  the 
present  actual  location  of  its  road,  at  Kendall's  Mills. 

§  9.  This  act  shall  take  effect  from  and  after  its  approval  by  the  Governor. 

In  the  Hopse  of  Representatives,  March  28,  1853. 
This  bill  having  had  three  several  readings,  passed  to  be  enacted. 

,    JOHN  C.  TALBOT,  Jb.,  Speaker. 

In  Senate,  March  28,  1853. 
This  bill  having  had  two  several  readings,  passed  to  be  enacted. 

SAMUEL  BUTMAN,  President. 
March  29,  1853.    Approved.  '  WM.  G.  CROSBY. 

Secretary's  Office,  Augusta,  May  5,  1853. 
I  hereby  certify  that  the  foregoing  is  a  true  copy.of  the  original  deposited 


in  this  office. 


ALDEN  JACKSON,  Deputy  Secretary  of  State. 


EUROPEAN  AND  NORTH  AMERICAN  RAILWAY. 

The  undersigned,  the  three  persons  first  named  in  the  section  of  an  act 
passed  by  the  Legislature  of  Maine,  and  approved  the  twentieth  da^'  of  August, 
A.  D.  1850,  entitled  "An  Act  to  incorporate  the  European  and  North  Ameri- 
can Railway  Company,"  and  being  specially  authorized  therefor  in  and  by 
said  act,  hereby  give  public  notice  that,  for  the  purpose  of  receiving  subscrip- 
tions to  the  Stock  of  said  Company,  as  established  by  the  act  aforesaid, 
according  to  the  provisions  thereof,  not  exceeding  one  hundred  and  fifty 
thousand  shares,  books  of  subscription  will  be  opened  under  the  dii-ection  of 
the  undeiajgned,  according  to  the  regulations  prescribed,  at  the  times  and 
places  following,  viz.  : 

At  Calais,  with  Noah  Smith,  Jr.,  on  the  8th  day  of  June  next. 
At  Bangor,  with  Waldo  T.  Pxeeoe,  on  the  8th  day  of  June  next. 
At  Augusta,  with  B.  A.  G  FuojEh,  on  the  10th  day  of  June  next 
At  Portland,  with  John  M.  Adams,  on  the  11th  day  of  Juno  next. 

Said  books  will  remain  open  for  ten  successive  days,  at  the  places  and  with 
the  persons  aforesaid. 

Dated  at  Portland,  this  sixth  day  of  May,  A.  D.  "'853. 

ELIJAH  L.  HAMLIN, 
ANSON  G.  CHANDLER, 
JOHN  A.  POOR. 


BY-LAWS 


Meetmgs~how  called. 

1st.  All  meetings  of  the  Stockholders  shall  be  held  at  such  place  as  the  Di- 
rectors for  the  time  being  shall  appoint,  and  shall  be  called  by  a  notification, 
published  two  weeks  successively  in  two  at  lea?t  of  the  public  newspapers 
printed  in  this  State,  the  first  publication  to  be  fourteen  days  at  least  before 
the  day  of  such  meeting.  Said  notification  shall  specify  the  time  and  place 
of  meeting,  and  the  objects  for  which  the  meeting  is  called,  and  shall  be 
signed  by  the  President  or  Clerk  of  the  Corporation.  No  other  business 
shall  be  transacted  at  any  special  meeting  of  Stockholders  but  such  "S  relates 
to  the  objects  specified  in  the  notification. 


14 


'  Meetings — B'lsiness  at. 

2d.  No  business  shall  be  transacted  or  votes  passed  at. any  meeting  of  the 
Stockholders,  excepting  a  vote  to  adjourn  to  some  future  time,  unless  there 
be  present  in  person,  or  by  pioiy,  Stockholders  holding  and  representing 
not  less  than  one-fifth  of  the  whole  amount  of  Capital  Stock  subscribed  for. 
Authority  to  act  as  proxy  at  any  meeting  must  be  in  writing,  and  signed  by 
the  principal.  It  must  be  produced  to  tho  presiding  officer  at  the  meeting, 
who  shall  deliver  the  same  over  to  the  Clerk,  to  be  pu'i  and  remain  on  file  in 
his  office. 

Meetings— how  ordered, 

3d.  The  time  and  place  of  all  meetings  of  the  Stockholders,  excepting  the 
time  of  the  annual  meeting,  shall  be  determined  by  the  Directors.  The  first 
annual  meeting  shall  be  held  ou  the  third  Tuesday  of  July,  1854,  at  ten 
o'clock  in  the  forenoon;  and  all  subsequent  annual  meetings  shall  be  holden 
on  the  third  Tuesday  of  July  in  each  succeeding  year,  at  ten  o'clock,  A.  M. 
Special  meetings  may  be  ordered  by  the  Directors  when  they  may  deem  it 
expedient.  It  shall  also  be  the  duty  of  the  Directors  to  order  a  special  meet- 
ing, whenever  requested,  on  the  written  application  of  Stockholders  owning 
not  less  than  one-twentieth  of  the  whole  amount  of  Capital  Stock  subscrib- 
ed for. 

Manner  of  Voting. 

4th.  Questions  coming  before  the  Stockholders  at  any  of  their  meatings 
may,  '  7  common  consent,  be  decided  by  hand  vote.  If  any  Stockholder  dis- 
sents from  adopting  that  mode,  the  question  shall  be  resolved  by  ayes  and 
noes,  by  ballot,  voting  by  shares.  In  all  cases  of  voting  by  shai'es  the  ballot 
shall  have  written  on  the  back  thereof  the  number  of  shares  which  the  person 
voting  owns  or  represents,  authenticated  by  the  signature  of  the  person 
throwing  the  ballot;  and  m  case  the  voter  acts  as  proxy,  he  shall  subjoin  to 
his  signature  that  fact  and  the  name  of  his  principal.  No  ballot,  unless  so 
authenticated,  shall  be  counted. 

Directors — their  numbei',  qualifications  aiid  term  of  office,  powers  and  duties. 
5th.  The'Board  of  Directors  shall  consist  of  thirteen  mer^bers,  until  a  dif- 
ferent number  shall  be  fixed  upon  at  an  annual  meeting  of  the  Stockholders, 
of  whom  not  less  than  a  majority  of  the  whole  number  shall  always  be  resi- 
dent citizens  of  Maine;  and  each  member  of  the  Board  must  be,  at  the  tine 
of  his  election,  a  Shareholder  in  the  Capital  Stock  of  the  Company;  and  they 
shall  hold  their  office  until  the  annual  meeting  next  after  their  election,  and 
until  others  are  chosen  in  their  stead,  and  a  majority  of  whom  shall  have 
accepted  the  office.  Whenever  any  Director,  having  been  a  resident  citizen 
of  Maine  at  the  time  of  his  election,  shall  remove  out  of  the  State,  and  when 
any  Director  shall  cease  to  be  a  Shareholder,  his  office  shall  thereby  become 
vacant.  Whenever  any  vacancy  shall  happen  in  the  Board  of  Directors,  it 
may  be  filled  by  a  new  election  by  the  remaining  Directors.  The  Directors 
may  establish  rules  for  the  proper  regulation  of  their  own  proceedings  and 
th-^  orderly  performance  of  their  duties.  They  shall  fix  and  determine  the 
compensation  of  their  officers  and  agents.  They  may  erect  such  buildings, 
store-houses,  wharves  and  work-shops  as  they  may  deem  advantageous  and 
for  the  interests  of  the  Company.  They  may  sell  and  dispose  of  any  real 
estate  or  personal  property  belonging  to  the  Company,  whenever  in  their 
opinion  the  interests  of  the  Company  would  be  best  promoted  thereby.  They 
shall  have  authority  to  lease  any  real  estate  belonging  to  the  Company  on 
such  terms  as  they  may  judge  best.  They  may  authorize  the  Treasurer  to 
hire  such  sums  of  money,  on  the  credit  and  for  the  use  of  the  Company,  as 
they  may  deem  necessary  to  carry  out  the  intentions  and  objects  of  the  char- 
ter, and  may  give  such  security  for  the  payment  thereof  as  they  may  deem 
reasonable.  They  shall  have  power  to  dispose  of  the  residue  of  the  Capital 
Stock  authorized  by  the  Charter,  and  not  subscribed  for  at  the  time  of  the 
organization,  in  such  manner,  at  such  times,  and  from  time  to  time,  as  they 
shall  judge  most  for  the  interests  of  the  Company.  They  shall  declare  all 
dividends,  allow  accounts,  adjust  and  settle  all  just  and  equitable  claims 


1 


16 


By 
ill 


upon  the  corporation,  superintend  the  conc!"ct  and  doings  of  the  different 
oflioers  and  agents  appointed  or  employed  by  them,  and  take  all  necessary 
measures  to  carry  into  effect  the  objects  and  purposes  of  the  Company,  as 
defined  and  prescribed  by  their  charter.  Directors  not  present  at  any  meet- 
ing of  the  Directors  may  be  allowed  to  vote  by  proxy,  by  giving  such  proxy 
in  writing  to  some  one  of  the  Directors  who  may  be  present,  but  no  Director 
shall  be  allowed  to  vote  on  more  than  one  proxy  thus  held  in  addition  lo  Lis 
own  vote;  all  such  proxies  to  be  entered  upon  the  record  of  such  meeting. 

The  Directors  may  appoint  agents  residing  in  any  other  State  or  County, 
to  be  designated  Associate  Directors,  and  vest  in  such  Associate  Board  such 
powers  ns  may  be  necessary  to  enable  said  Board  thus  appointed  to  open 
transfer  books,  make  sale  of  the  Shares  or  of  the  Bonds  or  other  securities 
of  the  Company,  with  authority  to  exercise  on  behalf  of  this  Company  all  the 
powers  necessary  to  carry  into  effect  any  votes  of  the  Board  of  Directors. 

Cleric,  and  his  Duties. 
Gth.  The  Clerk  chosen  by  the  Board  of  Directors  may  be  sworn  before  any 
Justice  of  the  Peace  or  Judge  of  a  Court  of  Record,  and  his  oath  of  office 
shall  bo  entered  as  of  record  on  the  records  of  the  Directors,  and  be  signed 
by  the  Justice  or  Judge  administering  the  same.  He  shall  ex-officio  be  Clerk 
of  the  Stockholders.  He  shall  keep  a  fair  record  of  all  the  doings  of  the 
Stockholders  at  their  meetings,  in  a  separate  book  kept  for  that  purpose.  He 
shall  also  keep,  on  a  separate  book,  a  record  of  the  doings  of  the  Directors 
at  any  of  their  meetings,  particularly  stating  the  names  of  the  Directors 
present  at  any  such  meeting,  either  in  person  or  by  proxy.  The  tenure  of 
office  of  the  Clerk  shall  be  during  the  pleasure  of  the  Directors.  In  his  ab- 
sence the  Directors  shall  choose  a  Clerk  pro  tempore,  who  shall  be  sworn  in 
like  manner  as  the  Clerk,  and  perform  his  duties  during  such  absence;  and 
in  case  of  the  absence  of  the  Clerk  at  any  Stockholders  meeting,  it  shall  be 
lawful  for  the  Stockholders  to  choose  a  Clerk  pro  tempore. 

Treasurer  and  his  Duties. 
Tth.  The  Treasurer  chosen  by  the  Directors  shall  hold  his  office  during 
their  pleasure.  He  shall  be  sworn  to  the  faithful  discharge  of  the  duties  of 
his  office,  before  some  Justice  of  the  Peace  or  Judge  of  a  Court  of  Record. 
He  shall  have  an  office  in  such  place  as  the  Directors  shall  determine,  access- 
ible to  all  persons  having  business  with  the  Corporation,  or  any  of  its  offi- 
cers or  agents.  He  shall  keep  all  deeds,  promissory  notes,  and  valuable  pa- 
pers of  the  Comijany.  He  shall  collect  and  receive  all  assessments,  income 
and  moneys  tliat  may  be  due  to  the  Company,  and  disburse  the  same  as  the 
Board  of  Directors  shall  order.  He  shall  surrender  notes  and  other  promis- 
sory papern  on  payment  thereof,  and  discharge  such  mortgages  as  may  have 
been  given  concerning  the  same.  He  shall  keep  a  I'egular  set  of  books  con- 
taining the  accounts  of  the  Company,  and  of  all  its  funds  that  may  pass 
through  his  hands.  He  shall  lay  before  the  Directors  a  written  statement  of 
all  notes,  drafts,  promises  and  contracts  made,  signed  and  endorsed  or  sur- 
rendered by  him;  an  abstract  of  all  moneyi^  received  and  paid;  a  statement 
of  all  property  bought  and  sold,  and  such  other  matters  as  he  or  the  Board 
of  Directors  may  deem  important,  when  called  for.  He  shall  make  a  com- 
plete settlement  of  the  accounts  and  books  at  least  annually,  and  as  much 
oftener  as  the  Board  of  Directors  shall  require,  and  shall  advise  wnat  divi- 
dends of  profits  may  be  made.  He  shall  render  an  account  of  his  doings  to 
the  Stockholders  at  tlieir  annual  meetings.  He  shall  notify  the  Stockholders 
of  all  assessments  in  the  manner  prescribed  by  the  By-Laws.  He  siiall  de- 
posit to  his  credit  as  Treasurer  of  the  European  and  North  American  Railway 
Company,  and  in  such  bank  or  banks  as  the  Directors  may  from  time  to  time 
designate,  all  mouej^s  received  by  him.  He  shall  issue  Certificates  of  Stock 
to  all  persons  entitled  thereto,  and  keep  auitable  booka  showing  the  number 
of  shares  held  by  the  respective  Stockholders  from  time  to  time.  He  shall 
attend  faithfully  to  the  duties  prescribed  in  the  By-Laws,  and  to  all  other 
duties  which  the  Directors  may  require  him  to  perform. 


■f 


im 


Common  Seal, 
8th.  This  Company  shall  have  a  common  seal,  to  be  kept  and  preserved 
by  the  Treasurer,  bearing  the  words  and  figures  "European  and  North  Amer- 
ican Railway  Company— incorporated  August  20th,  1850,"  and  in  the  centre 
a  miniature  map  showing  the  Atlantic  Ferry. 

Certificates  of  Slock. 
9th.  The  holders  of  shares  in  said  Capital  Stock  shall  be  entitled  to  certi- 
ficates thereof,  to  be  signed  by  the  President,  countersigned  by  the  Treasurer, 
and  authenticated  by  the  common  seal;  and  all  certificates  of  shares  in  said 
Stock  shall  be  in  the  following  form,  viz. :  ;  ^ 

EUBOPEAN  AND  NoBTH  AMERICAN  RAILWAY  CoMPANT. 

No. 

Be  it  known  that  proprietor  of 

shares  in  the  Capital  Stock  of  the  European  and  North  American  Railway 
Company,  subject  to  the  provisions  of  the  Charter  and  the  By-Laws  of  the 
Corporation,  the  same  being  transferable  by  an  assignment  thereof  in  the 
books  of  said  corporation,  or  by  a  conveyance  in  writing  recorded  in  said 
books.  And  when  a  transfer  shall  be  made  or  recorded  in  the  books  of  the 
corporation  and  this  certificate  surrendered,  a  new  certificate  or  certificates 
will  be  issued. 

Dated  this  .      day  of  A.  D.  18 

[l.  B.]  President. 

Treasurer. 

Tramfer  of  Stock. 
IOth.  The  following  form  for  the  transfer  of  Shares  in  the  Capital  Stock 
shall  be  printed  on  the  back  of  every  Stock  Certificate,  which  form  shall  also 
be  adopted  for  the  transfer  books  of  said  Company,  viz. ; 

SHAKES. 

EUBOPEAN  AND   NoBTH  AMERICAN  ErAILWAY  CoMPANT. 

For  value  received,  hereby  transfer  to 

of  Shares  in  the  Capital  Stock  of  the  European  and  North 

American  Railway  Company,  subject  to  the  provisions  of  the  charter  and  tr 
the  By-Laws  of  the  corporation. 

Dated  at  this  day  of  A.  D.  18 

Witness, 

All  transfers  of  Shares  shall  be  recorded  either  V)y  the  Treasurer  in  the 
books  to  be  kept  in  his  office,  or  by  an  officer  duly  authorized  by  the  Direc- 
tors, in  books  to  be  kept  at  such  other  place  or  places  as  they  may  appoint. 
On  the  receipt  of  such  transfer  or  assignment  and  of  the  original  certificate, 
a  new  certificate  or  certificates  shall  be  issued  to  the  person  or  persons  who 
by  virtue  of  such  assignment  shall  become  the  proprietors  of  such  share  or 
shares;  and  receipts  shall  be  given  to  the  Treasurer  of  all  Stock  Certificates 
received  of  him. 

Assessment  on  Shares. 

11th.  The  President  and  Directors  may  from  time  to  timo  make  such  equal 
assessments  on  all  the  shares  in  said  corporation  as  they  may  deem  expedient 
and  necessary  for  the  purposes  of  the  Company,  and  may  direct  the  same  to 
paid  to  the  Treasurer  at  such  time  and  place  as  they  shall  deem  proper,  gov- 
erning themselves  as  to  the  amounts  of  assessments,  allowance  of  interest, 
and  in  all  other  respects,  by  the  terms,  conditions  and  regulations  prescribed 
for  the  original  subscription  for  Stock,  before  the  opening  of  said  book  i ;  and 
the  Treasurer  shal'  give  notice  of  the  amount  per  share  of  every  sucb  assess- 
ment, and  of  the  time  and  place  when  and  where  the  same  will  bo  due  and 
payable,  by  advertisements  to  be  printed  in  one  or  more  newspapers  in  this 
State,  at  least  thirty  days  before  the  day  fixed  for  the  payment  thereof;  and 
the  Directors  may  give  such  other  notice  as  they  may  deem  expedient.  And 
if  any  Stockholder  shall  neglect  or  refuse  to  pay  any  assessment  or  asscss- 


n 


17 


mcnts  ou  his  share  or  shares  in  said  Company  "or  the  space  of  thirty  days 
after  the  first  publication  of  such  notice,  the  Directors  may  order  the  Treas- 
urer, after  giving  notice  (as  hereinafter  provided)  of  the  sale,  to  sell  any  or 
all  such  shares  by  public  auction,  to  be  held  in  such  place  as  shall  be  der;5g- 
uated  by  the  Directors,  to  the  highest  bidder;  and  the  same  shall  accordingly 
be  transferred  by  the  Treasurer  to  the  purchaser,  who  shall  be  entitled  to 
receive  a  certificate  thereof.  And  notice  of  every  such  sale  shall  be  given  by 
the  Treasurer  in  one  or  more  newspapers  printed  in  this  State,  at  least  thirty 
days  before  the  day  of  such  sale,  designating  the  time  and  place  thereof  and 
the  Shares  to  be  sold. 

Deeds,  &c. — IIovo  Executed. 

12th.  All  deeds,  conveyances  and  mortgages  made  in  fee  simple  or  for  any 
other  or  less  estate,  and  all  leases  of  any  real  estate  owned  by  said  Company, 
except  of  said  Railway,  executed  and  acknowledged  by  the  President,  coun- 
tersigned by  the  Treasurer  and  authenticated  by  the  seal  of  said  Company, 
are  hereby  declared  to  be  the  acts  and  deeds  of  said  Company,  and  shall  be 
valid  and  effectual  as  such  to  all  intents  and  purposes. 

By-Laws — How  Amended. 

13th.  The  By-Laws  shall  not  be  altered,  restrained  or  repealed,  except  at 
tlie  annual  meeting,  nor  unless  due  notice  of  the  proposed  alteration  shall  be 
inserted  in  the  notification  for  the  meeting  at  which  the  same  is  acted  upon. 


(No.  3.) 


"AN  ACT  to  revive  the  charter  of  the  European  and  North  American 
Railway  Company,  and  to  extend  the  time  for  locating  and  building 
the  sameP 

Be  it  etMded  by  the  Senate  ami  House  of  Representatives  in  Legislature  assembled, 

as  follows: 

The  charter  of  the  European  and  North  American  Railway  Company  is 
hereby  revived,  and  a  further  time  of  five  years  from  the  thirtj'-first  day  of 
December,  eighteen  hundred  and  fifty-five,  is  hereby  allowed  within  which 
to  organize  said  company  and  file  the  location  of  paid  railway;  and  a  further 
time  of  five  years  within  which  to  complete  said  rau  "ay,  in  addition  to  the 
time  originally  allowed  by  law. 

Approved  February  20,  1856. 


nd 
nd 

S3- 


li 


(No.  4.) 

Resolves  relative  to  the  defences  of  our  Northeast  Frontier: 

Ee.solved,  That  Maine  expects  and  earnestly  demands  that  measures  be  ta- 
ken at  once  by  the  General  Government  for  the  protection  of  its  Northeast 
frontier,  and  that  this  can  be  accomplished  only  by  a  military  railroad  from 
Bangor  to  the  St.  John's  River. 

Jlesolved,  That  our  Senators  and  Representatives  be  instructed  to  use  their 
utmost  eftorts  to  obtain  the  necessary  legislation  the  present  session  of  Con- 
gress, and  are  authorized  and  requested  to  take  such  measures  as  they  may 
deem  necessary  to  enable  them  to  make  an  adequate  presentation  of  the  case 
to  Congress  and  the  departments. 

Resolved,  That  the  Go'<'ernor  is  requested  to  forward  a  copy  of  the  forego- 
ing resolutions  to  each  of  our  Senators  and  Representatives  in  Congress,  and 
he  is  authorized  and  requested  to  co-operate  with  them  in  such  manner  as 
may  be  deemed  expedient. 

Approved  January  31,  1863. 


18 

(No.  5.) 

AN  ACT  to  extend  the  time  for  completing  the  European  ami  North 

Amerimn  Railway. 

Be  it  enacted  by  the  Senate  and  House  of  Repiesenlatives  in  Legislature  assem- 
bled, asfoUows: 

That  a  further  time  of  five  years  from  the  last  day  of  December,  eighteen 
hundred  and  sixty-five,  is  hereby  allowed  in  which  to  finish  and  complete  the 
European  and  North  American  Eailway. 

Approved  March  25,  18G3. 


(No.  6.) 


AN  ACT  authorizing  the  farther  extension  of  t/ie  European  and  North 
Amerimn  Railway : 

Be  it  enacted  by  the  Senate  and  House  of  Bepreaerdatives  in  Leyislature  assem- 
bled, as  follows: 

Sec.  1.  The  European  and  North  American  Eailway  Company  is  hereby 
authorized  to  enter  into  contract  with  the  Maine  Central  Railroiid  Company, 
for  operating  its  line  of  railway  as  built,  and  the  Maine  Central  Railroad  Com- 
pany is  hereby  authorized  to  contract  for  this  purpose  with  said  railway  com- 
pany, and  to  run  its  engines  and  cars  over  said  line ;  and  the  directors  of  the 
two  companies  may  enter  into  contract  for  the  purpose  aforesaid,  on  siich 
terms  and  conditions  as  may  in  the  judgment  of  the  directors  be  for  the  mu- 
tual advantage  of  the  two  companies,  subject  to  the  approval  of  the  stock- 
holders of  each  corporation. 

§  2.  The  European  and  North  American  Kailway  Company  shall  have  a 
further  time  of  one  year,  within  which  it  may  make  a  new  location  of  any  part 
of  its  line,  but  not  to  change  its  general  route  from  Bangor  to  the  mouth  of 
the  Mattawamkeag  Kiver,  with  the  right  to  pass  on  either  side  of  the  Penob- 
scot River,  from  Oldtown  to  Lincoln,  and  to  extend  a  branch  line  to  the  Pe- 
nobscot boom,  crossing  any  of  the  islands  in  the  Penobscot  River  above  the 
Cook  or  Steamboat  channel,  between  Oldtown  and  ©rson  Islands ;  and  said 
railway  company  may  extend  a  branch  of  its  line  to  the  slate  quarries  in  the 
valley  of  the  Pleasant  River  at  Brownville,  and  to  the  Katahdin  Iron  Works, 
from  any  point  on  their  line  between  Oldtown  and  Lincoln.  From  the  mouth  of 
the  Mattawamkeag  River  east  and  northeast,  the  said  railway  company  may 
have  a  further  time  of  two  years  in  which  it  may  file  a  new  location  of 
its  line  to  the  boundary  in  the  most  direct  line  to  St.  John  City,  in  New 
Brunswick. 

1^  3.  Said  railway  company  may  extend  a  branch  line  of  its  railway  from  some 
point  on  its  line  east  of  the  mouth  of  the  Mattawamkeag  to  Houltou,  and  to 
the  northern  boundary  of  the  State,  with  a  branch  line  to  Woodstock  and  to 
the  St.  John  River  at  Woodstock  village;  provided,  authority  iherefor  be 
granted  by  the  legislative  authorities  of  New  Bnmswick. 

§  4.  The  European  and  North  American  Railway  Company  may  lease  its 
line  of  railroad,  or  enter  into  and  execute  a  contract  in  the  nature  of  a  lease, 
such  as  will  enable  the  lessees  thereof  to  maintain  and  operate  by  moans  of 
said  railway  and  other  roads  in  extension  of  the  same,  a  connected  line  of 
railway  from  Bangor  to  Halifax,  in  the  province  of  Nova  Scotia;  and  said 
European  and  North  American  Railway  Company,  under  the  authority  of  its 
charter,  may  purchase  any  existing  lines  of  railway  between  the  City  of  Port- 
land and  the  City  of  Halifax,  or  take  a  lease  thereof  of  any  one  or  more  of 
them.  But  nothing  contained  in  this  act,  or  any  lease  or  contract  that  may 
be  made  under  the  authority  of  the  same,  shall  exonerate  said  company  or  the 
stockholders  thereof,  from  any  duties  or  liabilities  imposed  upon  th  in  by  the 
charter  of  said  company  or  the  general  laws  of  the  State,  nor  shall  anything 
herein  contained  in  any  manner  limit  or  circumscribe  any  power  of  theLegis- 


10 


to 
be 


is- 


latnro  of  this  Stiito  to  enact  laws  aflfecting  the  lights,  privileges  or  duties  of 
Kaid  company ;  ard  a  majority  of  the  directors  of  said  company  shall  always  be 
citizens  of  this  State,  and  said  company  shall  always  keep  their  office  and 
books  in  this  State. 

§  5.  "WhereaH  the  Europet  n  and  North  American  Eailway  Company  has 
acquired  the  rights,  franchises,  road-bed,  right  of  way,  and  all  other  property 
of  the  Penobscot  Eailroad  Company,  it  is  hereby  enacted,  that  said  European 
and  North  American  Eailway  Company  shall  have  the  right  to  enjoy  the 
property,  road-bed,  rights  of  way,  and  the  rights  in  land  purchased  by  said 
Penobscot  Eaihond  Company  for  road-bed,  depots  and  other  corporate  pur- 
IDOses,  and  all  rights  of  said  Penobscot  Eailroad  Company  incipient  or  per- 
fect, of  locating  and  establishing  its  road  on  lands  of  other  persons,  and  all 
l*s  roadbed,  rock  cuttings,  excavations,  embankments,  gradings,  bridges, 
piers,  abutments,  or  other  structures  or  works,  as  an  inherent  part  of  its  own 
franchise  and  property;  and  the  location  of  the  line  of  the  European  and 
North  Aiiericau  Eailway  Company,  made  or  to  be  made  over  and  upon  the 
line  of  said  Penobscot  Eailroad  as  built,  s'  ill  not  give  any  new  claim  of 
damages  to  the  owners  of  lands,  whose  piop.  y  was  taken  by  the  ]ocatio!i  of 
the  Penfibscot  Eailroad,  in  all  cases  where  waid  Penobscot  Eailroad  Company 
has  pai.l  the  land  damages,  prior  to  any  use  thereof  by  said  European  and 
North  American  Eailway  Company;  t.\e  rights  and  properties  held  by  said 
Penobscot  Eailroad  Company  shall '  ':realt<r  bo  vested  in  said  European  and 
North  American  Eailway  (company,  and  shall  remain  in  full  force  and  effi- 
ciency unaunulled  and  unimpaired,  by  any  subsequent  defeat,  or  dissolution  of 
the  Penobscot  Eailroad  Company,  whether  by  limitation  of  the  time  iuAvhich 
the  road  shouW  be  completed,  or  by  any  other  means.  And  all  bonds  of  the 
Penobscot  Eailroad  Company  taken  for  a  valuable  consideration,  and  held  by 
the  European  and  North  American  Eailway  Company,  shall  be  valid  in  the 
hands  of  said  railway  company  as  holders  thereof,  as  a  basis  of  title,  but  for 
no  other  purpose;  and  no  bond  of  said  Penobscot  Eailroad  Company  shall  be 
negotiable  for  any  other  pui-pose  after  the  expiration  of  the  eluirter  of  said 
company,  or  of  any  validity,  other  than  for  the  purpose  above  set  forth.  Nor 
shall  said  European  and  North  American  Eailway  Company  be  in  any  manner 
liable  for  any  debt  of  said  Penobscot  Eailroad  Company  on  ac(!ouut  of  the 
purchase  thereof  as  aforesaid.  And  the  directors  of  the  Penobscot  Eailroad 
(Jompany  may  execute  any  other  and  further  instrument  of  lease,  transfer  or 
other  conveyance  to  said  European  and  North  American  Eailway  Company  to 
carry  into  effect  the  intentions  and  purposes  or  this  act.  And  the  proceedings 
of  the  two  corporations  aforesaid  are  hereby  declared  valid,  in  case  of  their 
approval  by  the  stockholders  of  the  two  corporations.  And  section  eighteen 
of  an  act  approved  August  second,  eighteen  hundred  and  forty-seven,  entitled 
"  an  act  to  establish  the  Bangor  and  Orono  Eailroad,"  which  title  was,  by  an 
additional  act  approved  August  twenty-first,  eighteen  hundred  and  fifty, 
changed  to  the  Penobscot  Eailroad  Company,  be  and  the  same  is  hereby  re- 
pealed, and  any  transfer  of  its  road-bed,  right  of  way,  or  other  propjrty,  or 
of  its  powers,  privileges  and  immunities  bj'said  corporation,  by  lease  or  sale  to 
the  European  and  North  American  Eailway  Company,  which  transfer,  made 
or  to  be  made,  is  hereby  authorized,  shall  not  operate  to  extinguish  said 
Penobscot  Eailroad  Company  or  to  annul  its  charter;  but  it  shall  be  regarded 
as  still  subsisting  so  far  as  its  continuance  for  the  purpose  of  upholding  any 
right,  title  or  interest,  power,  privilege  or  immunity  ever  possessed,  exer- 
cised, or  enjoyed  by  it,  may  be  necessary  for  t!ie  protection  of  the  European 
and  North  American  Eailway  Company,  its  exercise  of  the  powers,  and  its 
enjoyment  of  the  privileges  and  immunities  so  transferred,  being  suspended, 
so  long  as  the  European  and  North  American  Eailway  Company  shall  exer- 
cise and  enjoy  them. 

§  6.  The  European  and  North  American  Eailway  Comi^any  shall  be  at  all 
times  subject  to  such  general  laws  in  relation  to  railroads,  as  have  been  or 
may  be  hereafter  enacted  by  the  Legislature  of  this  State. 

§  7.  In  the  construction  of  a  bridge  acioss  the  Kenduskeag  stream,  the  said 
railway  shall  conform  to  such  plans  and  regulations  for  the  building  of  said 
bisidge,  and  of  two  draws  or  a  pivot  draw,  for  the  passage  of  vessels  through 


20 

said  bridge,  and  for  the  fiitilro  management  thereof  at  the  expense  of  the 
company,  iiH  shall  be  prescribed  by  the  Hoard  of  Ilailroad  Comuiissioners. 

§  H.  In  all  cases  where  the  said  European  and  North  American  Kailway 
Company  has  taken  six  rods  in  width  by  the  location  of  their  line,*  and  have 
or  may  hereafter  release  a  portion  of  the  lands,  wharves  or  Hats  so  taken,  such 
release  shall  not  impair  their  location,  though  a  less  width  than  six  roda  is 
retained  for  the  use  of  said  railway. 

§  \).  If  the  line  of  the  European  and  North  American  Railway  Company  is 
not  built  to  Lincoln  within  throe  years  from  the  date  of  the  approval  of 
this  act,  and  completed  to  the  boundary  of  New  Brunswick  within  the  time 
limited  therefor  by  law,  December  thirty-one,  eighteen  hundred  and  seventy, 
this  act  and  the  charter  of  said  company  shall  be  null  and  void. 

§  10.  This  act  takes  effect  on  its  approval  by  the  Governor. 

Approved  February  20,  1861). 


:\''i 


(No.  7.) 

AN  ACT  to  provide  mmm  for  the.  defence  of  the  ISforthen stern  Frontier. 

lie  it  enacted  by  the  Senate  and  House  of  Representatives  in  LefjisUdnre  assem- 
bled, as  follows: 

Sec.  1.  Whereas  the  Legislature  of  Maine  by  resolves  unanimously  adopt- 
ed, and  approved  by  the  Governor  on  the  thirty-first  day  of  January,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  sixty-three,  asked  protec- 
tion of  the  United  States  Government  in  the  language  following:  "  Maine 
expects  and  earnestly  demands,  that  measures  be  taken  at  once  by  the  Genei'* 
al  Government  for  the  protection  of  its  Northeastern  Frontier,  and  that  this 
can  be  accomplished  only  by  a  military  railroad  from  Bangor  to  the  St.  John 
River,"  it  is  hereby  enacted,  that  to  aid  in  the  construction  of  such  a  line  of 
railway,  the  proceeds  of  the  sale  of  timber  on  ten  townships  of  the  public 
lands  of  this  State,  which  townships  shall  be  designated  under  the  direction 
of  the  Governor,  State  Treasurer  and  Land  Agent,  who  are  constituted  aboard 
for  this  purpose,  shall  be  paid  into  the  Treasury  of  the  State  for  the  use  of  the 
European  and  North  American  Railway  Company,  upon  the  terms  and  condi- 
tions hereinafter  expressed;  and  the  timber  on  these  ton  townships  shall  be 
advertised  in  a  newspaper  having  the  largest  circulation  in  the  counties  where 
located,  and  three  months  in  two  newspai^ers  having  the  largest  circulation 
in  the  Cities  of  Portland  and  Bangor.  Scaled  proposals  shall  bo  received  by 
the  Governor,  State  Treasurer  and  Land  Agent,  and  a  record  of  the  proposals 
be  made  and  kept  in  the  land  office,  which  shall  be  open  to  any  one  after 
the  day  of  sale,  and  said  sale  shall  be  in  one-eight  sections  of  townships;  and 
all  moneys,  securities  or  lands  received  on  account  of  the  claims  of  Maine 
upon  the  United  States  Government  which  accrued  prior  to  eighteen  hun- 
dred and  sixty-two,  viz. :  The  claims  for  interest  on  moneys  heretofore  re- 
ceived fiom  the  United  States  for  the  value  of  the  lands  assigned  to  occupants 
under  the  fourth  article  of  the  treaty  of  Washington,  and  for  timber  cut  on 
the  territory  formerly  in  dispute  between  the  United  States  and  Great  Britain, 
after  1  jducting  the  expenses  of  obtaining  the  sime,  shall  be  paid  into  the 
Treasury  of  the  State,  for  the  use  of  the  European  and  North  American  Rail- 
way Company,  on  the  terms  and  conditions  hereinafter  expressed. 

§  2.  As  soon  as  said  railway  company  shall  have  constructed  and  completed 
its  line  by  the  running  of  cars  from  Bangor  to  Lincoln,  and  have  notified  the 
Governor  of  the  State  of  that  fact,  and  that  said  company  has  located  its  line 
to  the  boimdary  of  New  Brunswick,  and  is  ready  to  proceed  with  the  further 
construction  of  said  railway,  it  shall  be  lawful  for  the  Governor  to  approve  of 
said  location,  and  to  notify  said  company  of  the  same,  and  thereupon  the  said 
company  shall  be  entitled  to  the  benefit  of  the  provisions  of  this  act;  and  there- 
after, as  soon  as  said  company  shall  construct  and  complete,  by  the  running  of 
cars,  ten  additional  miles  of  railway  from  Lincoln  toward  the  mouth  of  the 
Mattawamkeag,  the  Governor  shall  pay  over  to  said  company  such  sum  as 


21 


may  then  bo  in  the  hands  of  the  Treasurer  derived  from  the  proceoda  of  such 
«ales  (if  timber;  and  of  Huch  cluiuiH,  at  the  rate  of  ten  thousand  dollars  per 
inilt!  tor  Hiiid  ten  miles,  or  pro  raid  for  any  sum  then  in  hand  less  than  at  the 
rate  of  ten  thousand  dollars  per  mile;  and  so  cm  from  time  to  time  at  the  same 
rate  of  ton  thousand  dollars  per  mile,  or  pro  rata,  as  fast  as  an  adilitional  ton 
miles  is  coiupleted.  until  tne  Hue  shall  be  completed  from  Bangor  to  the 
boundary  line  of  Now  Brunswick;  and  as  soon  as  said  railway  company  shall 
locate  a  line  from  some  point  in  embranchment  thereof  in  a  northerly  direc- 
tion toward  the  Aroostook  lliter,  and  complete  ten  milt's  from  said  main 
line  by  the  running  of  cars  thereon,  the  Governor  shall  pay  to  said  company 
at  the  rate  of  ten  thousand  dollars  per  mile,  or  pro  rrtta,  for  each  mile  of  rail- 
way so  built  and  completed  from  their  main  line  in  a  northerly  direction, 
from  the  proceeds  of  the  lands  and  claims  hereinbefore  set  forth;  and  so  on 
from  time  to  time  as  an  additional  ten  miles  shall  bo  completed  by  the  running 
of  cms,  until  the  entire  lino  of  said  railway  shall  be  completed  to  the  north- 
ern boundary  of  the  State,  with  a  branch  line  to  the  St.  John  River  at  Wood- 
stock. 

§  ;j.  In  case  the  Commonwealth  of  Massachusetts  shall  assign  and  transfer 
to  the  European  and  North  American  Railway  Company,  or  to  the  State  of 
Maine  in  trust  for  said  company,  the  claims  jointly  held  by  her  with  Maine 
against  the  General  Government,  to  aid  the  construction  of  said  railroad,  and 
also  release  and  discharge  or  assign  and  transfer  the  balance  due  from  the 
State  of  Maine  for  the  purchase  of  her  ruterestw  in  the  public  lands  Ijing 
in  Maine,  under  date  October  fifth,  eighteen  hundred  and  tifty-three,  it  shall 
be  lawful  for  the  Governor,  State  Treasurer  and  Land  Agent,  to  transfer  to  said 
company  all  the  public  lands  lying  on  waters  of  the  Penobscot  and  St.  John 
River,  for  the  uses  and  purposes  set  forth  in  this  act.  Provided,  however,  that 
there  shall  be  excepted  from  said  conveyance,  and  from  the  operations  of  this 
act,  all  timber  and  lumber  and  lands  granted  or  voted  by  the  present  or  any  pre- 
ceding Legislature,  reserving  to  the  State  the  right  to  locate  such  grants  with- 
in the  present  yeai  of  our  Lord  eighteen  hundred  and  sixty-four,  or  within 
the  tiiiin  or  times  limited  therefor  in  the  several  acts  or  resolves  granting  the 
same,  all  lands  heretofore  reserved  or  set  apart  for  public  schools,  and  all 
lands  set  apart  and  designated  for  settlement  under  existing  laws;  and  all 
the  lands  set  apart  for  the  purposes  of  settlement  shall  be  sold  to  settlers, 
upon  the  same  terms  and  conditions,  by  the  Land  Agent,  as  is  now  authorized 
by  law.  And  it  is  further  provided,  that  all  lands  conveyed  to  said  company 
under  this  act,  which  are  in  the  opinion  of  the  Governor,  State  Treasurer  and 
Land  Agent,  suitable  for  settlement,  shall  be  surveyed  into  lots  by  naid  com- 
pany, of  suitable  sizes,  for  the  purposes  of  settlement,  not  exceeding  ono 
hundred  and  sixty  acres  to  any  one  lot,  which  lands  shHll  be  open  to  settlers, 
at  a  price  not  exceeding  one  dollar  per  acre,  on  condition  of  a  continued  resi- 
dence thereon  for  five  yems,  and  performance  of  such  settling  duties  as  are 
now  required  by  the  Sto  te.  And  said  company  is  charged  with  the  duty  of 
encouraging  immigration  into  the  State,  and  shall  be  required  to  appoint  a 
suitable  emigrant  agent,  and  annually  publish  such  plans,  statements  and 
other  information,  as  shall  give  to  the  public  a  better  knowledge  of  the  extent, 
value  and  situation  of  the  public  lands  of  Maine,  now  open  for  settlement,  and 
cause  this  information  to  be  printed  in  our  own  and  other  languages,  and  dis- 
tributed into  other  States  of  this  Union,  and  into  foreign  lands.  And  the 
Legislature  of  this  State  shall  have  the  right  at  all  times  to  inquire  into  the 
manner  in  which  trusts  are  executed,  and  to  pass  any  laws  that  may  be  neces- 
sary, and  to  impose  fines  and  penalties  to  secure  a  compliance  with  the 
provisions,  liabilities  and  duties  hereinbefore  set  forth  and  enjoined.  Pro- 
vidbig  and  excepting,  that  no  lands  belonging  to  the  State  of  Maine,  lying  with- 
in the  County  of  Piscataquis,  shall  be  taken  by  virtue  of  this  act  for  the  pur- 
pose of  aiding  in  the  construction  of  the  trunk  line  of  the  European  and  North 
American  Railway ;  but  that  all  of  said  lands  lying  in  said  County  of  Piscata- 
(^uis  shall  be  and  are  hereby  appropriated  under  the  limitations  and  restric- 
tions relating  to  other  lands  herein  granted,  and  shall  be  applied  in  aid  of 
the  construction  of  a  bi'anch  of  said  railway  extending  to  the  slate  quarries 
in  the  valley  of  the  Pleasant  River  at  Brownville,  and  to  the  Katahdin  Iron 

8  . 


22 

WorkH,  from  any  point  on  the  lino  of  8»icl  railway  between  Uliltown  and  Lin- 
coln, 118  provided  in  section  two  of  "  an  act  authorizing  the  further  cxtenHion 
of  the  European  and  North  American  iiuilway,"  pasHed  at  the  present  HeHHion 
of  the  Lc^iulaturo. 

§  4.  All  bcnclita  of  this  act  Hhidl  bo  forfeited  by  Haid  European  and  North 
American  Ilailway  Company,  upon  the  appropriation  and  uHe  of  the  procoedu 
of  timber  or  land«  hereby  granted  to  any  other  purpose  than  tho  conHtructiou 
of  the  main  lino  of  said  railway  or  branches  into  Aroostook  and  riscatacjuii* 
Counties. 

§  5.  This  act  shall  take  effect  on  its  approval  by  tho  Governor. 

Approved  March  24,  18G4. 


AN  ACT  explanatory  of,  and  amending  an  Ad  additional  to  and  amend- 
atory of  an  act  to  provide  means  for  the  defence  of  the  Noitheastcrn 
Frontier. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in  Legistalure 
assembled,  as  follows  : 

Sec.  1.  Section  third  of  paid  act  is  hereby  amended  in  the  ninth  lino  after  the 
word  "  digcliarge,"  by  striking  out  llie  words  "  or  nHsign  and  transfer.*' 

^  2.  yectioa  one  of  said  act  shall  be  further  construed  and  amended  so  to 
apply  to  moneys,  securities  or  lands  hereafter  received  on  account  of  t'  e  claims 
of  Maine  on  the  United  States  Government,  and  not  to  such  as  have  been  here- 
tofore received. 

&  3.  This  act  shall  take  effect  on  its  approval  by  the  Governor, 

Approved  March  25,  18G4. 


(No.  8.) 

A.N  ACT  to  authorize  the  City  of  Bangor  to  aid  the  construction 
of  the  European  and  North  American  Railway. 

Be  it  enacted  by  the  Senate  and  Ilmise  of  Representatives  in  Legislature  assem- 
bled, as  follows: 

Sec.  1.  Tho  City  of  Bang6r  is  hereby  authorized  to  loan  its  credit  to  the 
European  and  North  American  Railway  Company  in  aid  of  the  construction 
of  their  railroad,  not  exceeding,  however,  five  hundred  thousand  dollars,  upon 
their  compliance  with  the  following  terms  and  conditions : 

§  2 .  If  this  act  shall  be  accepted  as  is  hereinafter  provided,  and  said  com- 
pany shall,  within  three  years  from  its  approval,  finish  and  complete  their  lino 
of  railway  from  Bangor  to  Lincoln  by  the  running  of  cars  thereon,  then  such 
fact  shall  bo  certified  by  tho  Mayor  and  Aldermen  of  tho  City  to  the  City 
Treasurer,  and  ho  shall  forthwith  issue  to  the  Directors  of  said  company,  for 
the  purpose  of  building,  furnishing  and  completing  said  road,  the  scrip  of 
said  city  payable  to  the  holder  thereof,  in  sums  of  one  thousand  dollars  each, 
with  coupons  for  interest  attached,  payable  semi-annually,  the  principal  pay- 
able in  thirty  years  from  the  date  thereof,  and  all  payable  in  Boston  or  New 
York,  the  same  to  be  signed  by  tho  City  Treasurer  and  countersigned  by  the 
Mayor  of  said  city. 

§  3.  Concurrent  with  tho  issue  and  delivery  of  said  city  scrip  as  aforesaid, 
the  President  and  Directors  of  said  company,  in  their  official  capacity,  shall 
execute  and  deliver  to  the  said  Treasurer  the  bond  of  said  company,  the  penal 
sum  in  said  bond  to  bo  double  the  amount  of  the  scrip  authorized  to  bo 
issued  at  that  time;  said  bond  shall  be  made  payable  to  said  city,  and  shall 
be  conditioned  that  said  company  will  duly  pay  the  interest  on  such  scrip  of 
said  city  as  shall  be  issued  at  the  time  of  the  date  of  the  bond  respectively, 
and  also  tho  principal  thereof,  according  to  tho  tenor  of  the  scrip,  and  in  all 
respects  will  nold  and  save  harmless  the  said  city  on  account  of  the  issue  of 
the  same;  the  said  President  and  Directors  of  said  company  shall  also,  in 


23 


toresaid, 
Tty,  shall 
&e  penal 
to  be 
kd  shall 
Iscrip  of 
|c  lively, 
Id  in  all 
lissue  of 
also,  in 


"Oftso  of  the  iflstiinfi  of  the  scrip  of  said  city  an  provided  in  Hcction  two  of  this 
«ct,  and  Hiiuult;\no(ni«ly  thor»nvith,  make,  «xecuto  an>l  dolivor  to  tho  i^aidCity 
TreftHuror  tho  Rcrip  of  Haid  comj»Miiy,  payable  to  tho  holder  tht:reof,  at  the  same 
time  and  for  tho  Hanie  aniount  as  the  scrip  then  issued  by  sidil  Treasurer  to 
Haid  company,  with  like  oouijoum  for  tho  interest  attached;  which  said  scrip 
shall  be  \u\U\  l»y  said  city  as  collat'-ral  "cciirity  for  tho  fiUfilrncnt  of  tho  condi- 
tions of  tho  said  bond;  and  in  default  of  any  one  of  said  conditions,  said  city 
may,  from  time  to  time,  sell  suid  city  scrip,  or  any  portion  thereof,  by  pnblic 
auction  or  auctions,  in  the  Cities  of  Uan^^or,  Boston  or  Now  York,  or  either  of 
them,  uftor  sixty  days'  notice  in  writing  to  the  President,  or  one  of  the  Di- 
rectors, or  any  three  of  tho  Stockholders  of  said  company,  naming  therein 
the  time  and  place  of  sale.  The  net  proceeds  of  all  such  sales  shall  be  indorsed 
on  said  bond 

t§  4.  Tho  President  and  Directors  of  said  company  are  hereby  authorized, 
and  it  kIihU  h(\  tbeir  duty,  in  their  official  capacity,  upon  tho  receipt  of  said 
city  scrip,  and  upon  the  delivery  of  their  bond  to  said  city  to  secure  the  pay- 
ment of  the  same,  to  execute  and  deliver  to  said  City  Treasurer  a  mortgage, 
without  prior  incumbrance,  of  their  railroad  from  Bangor  to  Lincoln,  and  all 
of  the  property  real  and  personal  of  said  company,  including  the  fran- 
chise thereof;  said  mortgage  shall  l)o  executed  according  to  the  laws  of  this 
State,  and  shall  bo  in  duo  and  legal  form,  and  shall  contain  apt  and  sufficient 
terms  to  secure  the  said  city  the  fullilment  of  the  conditions  in  said  bond 
contained. 

§  .').  For  tho  purpose  of  foreclosing  said  mortgage  for  conditions!  broken,  it 
shall  be  sufficient  for  tho  said  Mayor  imd  Aldermen  to  give  notice  according 
to  tho  mode  prescribed  in  the  Ueviscd  Statutes  for  the  foreclosure  of  mort- 
gages, by  public,  'ion  of  notice  thereof,  which  may  be  publinhed  in  a  news- 
paper printed  in  IJangor,  and  a  record  thereof  may  he  made  within  thirty 
days  after  the  date  of  the  last  publication  in  the  Registry  of  Deeds  for  the 
County  of  Penobscot,  which  publication  and  record  shall  be  sufficient  for  the 
purpose  of  such  fi)reclosure.  Upon  the  expiration  of  three  years  from  and 
after  such  publication,  if  the  condition  shall  not  within  that  time  havo  been 
fulfilled,  the  foreclosure  shall  be  complete,  and  shall  make  tho  title  to  said 
road,  and  to  all  the  property  and  franchise  aforesaid,  absolute  in  said  city. 

§  G.  If  the  Directors  of  said  company  shall,  at  any  time,  neglect  or  O0iit  to 
pay  the  interest,  which  may  become  due  upiu  any  portion  of  the  scrig  issuedl 
and  delivered  under  the  provisions  of  this  act,  or  to  pay  the  principal  .^a  it- 
shall  become  due,  or  to  comply  with  any  of  tho  conditions  of  said  bonds,  the 
City  of  Bangor  may  take  actual  possession  in  the  manner  hereinafter  piTovided 
of  the  whole  of  said  railroad,  and  of  all  the  property  real  and  per.S(»nal  of  the 
company,  and  of  tho  franchise  thereof,  and  may  hold  the  same  and  apply  the 
income  thereof  to  make  up  and  supply  such  deficiency,  and  all  further  defl- 
cieJicies  that  may  occur  while  the  same  are  so  held,  until  suv^h.  deficiencies 
shoU  bo  fully  made  up  and  discharged.  A  written  notice  signed  by  the  Mayor 
and  Aldermen,  and  served  upon  the  President  or  Treasurer,  or  any  Directoi: 
of  the  company,  or  if  there  are  none  such,  upon  any  Stockholder  of  the  cona- 
pany,  stating  that  the  city  thereby  takes  actual  possesiiion  of  the  whoo  line 
of  tho  railroail,  and  of  the  property  and  franchise  of  the  company,  shall  be  a 
suificient  actual  possession  thereof,  and  shall  be  a  legal  transfer  of  all  the 
same,  for  tho  purposes  aforesaid  to  the  city,  and  shall  enable  the  city  to  hold 
the  same  against  any  other  claims  thereon  until  such  purposes  have  been  fully 
accomplished. 

§  7.  All  moneys  received  by  or  for  the  said  railroad  company,  after  notio«- 
as  aforesaid,  from  any  source  whatever,  and  by  whomsoever  the  same  may  be 
received,  shall  belong  to,  and  be  held  for  the  use  and  benefit  of  the  city  in 
manner  and  for  the  purposes  herein  provided,  and  shall,  after  notice  given  to 
persons  receiving  the  same  respectively,  be  by  them  paid  to  the  City  Treas- 
urer, which  payment  s^haU  bo  an  efifectual  discharge  from  uU  claims  of  tho 
company  therefor;  but  if  any  person,  without  such  notice,  shall  make  pay- 
ment of  moneys  so  received  to  the  Treasurer  of  the  company,  such  payment 
shall  be  a  discharge  of  all  claims  of  the  city  therefor;  all  moneys  received  by 
the  Treasurer  of  tho  company  after  such  notice,  or  in  his  hands  at  the  timft. 


m 


III!' 


:1  I 


m^ 


I 


24 

such  notice  maybe  given,  shall  be  by  him  paid  to  the  City  Treasurer,  after 
deducting  the  amount  expended,  or  actually  duo  for  the  running  expenses  of 
the  road,  for  the  services  of  the  officers  of  the  company,  and  tor  repairs  neces- 
sary for  conducting  the  ordinary  operations  of  the  road.  Such  payments  to 
the  City  Treasurer  shall  be  made  at  the  end  of  every  caleudiir  month,  and 
shall  be  by  him  applied  to  the  payment  of  all  the  interest  and  principal  due 
as  afore  iiid.  And  any  person  who  shall  pay  or  apply  any  moneys  received,  as 
aforesa  ,  in  any  manner  contrary  to  the  foregoing  previsions,  shall  be  liable' 
therefor,  n.nd  the  same  may  be  recovered  in  an  action  for  money  had  and  r(3- 
ceived  in  the  name  of  the  City  Treasurer,  whose  duty  it  shall  be  to  sue  for 
the  same,  to  be  by  him  held  and  applied  as  herein  required. 

§  8.  For  the  purpose  of  effecting  tho  objects  prescribed  in  the  two  preced- 
ing sections,  the  Mayor  and  Aldermen  may  cause  a  suit  in  equity  to  be  insti- 
tuted in  the  name  of  the  City  of  Baugoi',  in  the  Supreme  Judicial  Court,  in  the 
Coimty  of  Penobscot,  against  said  company,  directors,  or  any  other  person, 
as  may  be  necessary  for  the  jjurpose  of  discovery,  injunction,  account,  or 
other  relief  under  the  provisions  of  this  act;  and  any  Judge  of  the  Court  may 
issue  a  writ  of  injunction  or  any  other  suitable  process,  on  any  such  bill,  in 
vacation  or  in  term  time,  with  or  without  notice,  and  the  Court  shall  have 
jurisdiction  of  the  subject  matter  of  such  bill,  and  shall  have  such  proceed- 
ings, ond  make  su'ih  orders  and  decrees,  as  may  be  within  the  power,  and 
a^icording  to  the  course  of  proceedings  of  Courts  of  Equity,  as  the  necessities 
of  the  case  may  require. 

§  S).  If  the  said  railroad  company  shall,  after  notice  of  possession,  as  afore- 
said, neglect  to  choose  Directors  thereof,  or  any  other  necessary  officers,  or 
none  shall  be  found,  the  IMayor  and  Aldermen  of  the  city  shall  appoint  a  Board 
of  Dir-jctors,  consisting  of  not  less  than  seven  persons,  or  any  other  neces- 
sary officers,  and  the  persons  so  appointed  shall  have  all  the  po^ver  and  author- 
ity of  othcers  chcscn  or  api)ointed  under  the  provisions  of  the  act  establish- 
ing said  company,  and  upon  their  acceptance  sue!  otBcers  shall  be  siibjoct  to 
all  the  duties  aud  liabilities  thereof. 

§  10.  The  city  shall  appoint  one  of  the  Directors  of  the  said  railroad  com- 
pany Irom  among  the  Stockholders,  who  shall  be  chosen  annually  by  the  City 
Counsel  in  joint  ballot,  before  the  annual  meeting  of  said  company  ior  the 
choice  of  their  officers,  who  shall  have  the  same  authority  in  transacting  the 
businesSiOf  said  company  and  who  shall  be  entitled  to  like  compensation 
from  the  company  as  any  other  Director.  But  tho  right  to  choose  such 
Director  shall  cease  when  the  loan  contemplated  is  extinguished. 

§  11  As  an  additional  or  cumulative  protection  for  said  city,  all  liabilities 
which  oy  said  city  may  be  assumed  or  incurred  under  or  by  virtue  oi'  any  of 
the  provisions  of  this  act,  shall  at  the  time,  and  by  force  thereof,  and  for  the 
security  and  payment  of  the  same,  create  in  fiivcr  of  said  city  a  lien  on  the 
whole  of  said  railroad,  its  franchise,  and  all  its  appendages,  and  all  real  and 
persnnil  property  of  said  railroad  corporation,  which  lien  shall  have  prefer- 
ence and  be  prior  to  all  other  liens  and  incumbrances  whatever  on  the  said 
road  from  Bangor  to  xjincoln,  and  all  the  other  property  of  said  railroad  cor- 
poration ;  and  said  lien  shall  be  enforced,  and  all  the  rights  and  interests  of 
said  city  shall  be  protected  when  necessary  by  suitable  and  proper  judgments, 
injunction  or  decrees  of  said  Supreme  Judicial  (Jourt,  on  a  bill  or  bills  iii 
equity,  which  power  is  hereby  specially  conferred  on  said  Court.  And  it  is 
hereby  provided,  that  the  said  lien  provided  for  in  this  section  shall  not  be 
deemed  waived  or  ineft'ectual  by  the  acceptance  on  the  pait  of  said  city  of 
any  mortgage  or  other  securities  contemplated  by  the  provisions  of  this  act, 
or  otherwise. 

§  12.  This  act  shall  not  take  effect  until  it  shall  have  been  duly  accepted  by 
the  said  City  of  Bang(-r  by  a  vote  of  the  legal  voters  thereof  voting  in  ward 
meetiugs  duly  and  legally  called,  within  eleven  months  from  aud  alter  its  ap- 
proval, and  by  a  majority  at  least  of  three  fouiths  of  the  legal  voters  of  said 
city  present  and  voting  at  said  meetings  as  aforesaid;  nor  shall  said  act  take 
ett'ect  until  the  same  shall  be  duly  accepted  by  the  City  Council  of  said  city 
by  conoirrent  vote  of  the  two  Bofirds  of  said  Council,  and  by  a  niiijoi\=ty  of 
live-sevenths  of  the  Aldermen  present  and  voting,  and  a  majority  of  three- 


W 


Jl 


25 


fourths  of  the  Common  Conncil  at  a  meeting  duly  called  for  the  pnrpose, 
at  least  thirty  days  subsequent  to  its  acceptance  by  vote  of  the  city  as  here- 
inbefore provided.  The  return  of  such  ward  meetings  shall  be  made  to  tue 
Aldermen  of  said  city,  and  by  them  counted  and  declared,  and  said  Oity 
Clerk  shall  make  a  record  thereof,  and  if  the  act  shall  be  accepted  as  afore- 
said, then  aii-er  such  acceptance  and  record  thei  lof,  all  the  parts  of  this  act 
shall  take  effect  and  be  in  full  force  thereafter. 

§  13.  The  provisions  of  this  act  shall  be  in  force  from  and  after  its  approval 
by  the  Governoi". 

Approved  March  25,  1864. 


(No.  9.) 


STATE  OP  MAINE. 

At  a  legal  moetiug  of  the  inhabitants  of  the  City  of  Bangor,  in  the  County  of 
Penobscot,  qualified  by  tbe  Constitution  to  vote  for  State  and  County  Officers, 
holdcn  in  tlio  several  wards  in  paid  city,  on  the  second  Monday  of  September, 
being  the  twelfth  day  of  said  month,  in  the  year  of  our  Lord  1864,  the  said  in- 
habitants in  the  several  wards  gave  in  their  votes  upon  the  question,  "  Will  the- 
inhabitants  of  the  City  of  Bangor  accept  the  act  of  tiie  Legislature,  approved 
March  2,\  1864,  entitled  'An  Act  to  authorize  the  City  of  Bangor  to  aid  the 
construction  of  the  European  and  North  American  Railway?'  "  And  the  same 
were  received,  sorted,  counted  and  declared  in  open  ward  meetings  by  the  ward- 
ens who  presided,  and  in  presence  of  tbe  ward  clerks,  who  formtd  lists  and 
made  records  thereof  in  presence  of  tiie  wardens,  and  in  open  ward  meetings 
sealed  up  the  copies  of  paid  records,  as  appears  Ijv  copies  of  said  lists  duly 
attested  by  the  several  wardens  and  ward  clerks,  returned  to  the  city  clerk  of 
said  city  on  said  day  of  election;  and  the  aldermen  of  said  city,  who  were  in 
session  on  said  day  of  election,  did  open,  exomine  and  compare,  in  presence  of 
the  city  clerk,  the  copies  from  the  lists  of  roles  given  in  the  several  wards  upon 
said  question,  of  which  the  following  is  a  true  record,  made  by  said  city  clerk: 
The  whole  number  of  ballots  given  in  was  eighteen  hundred  and  ninetten. 
The  number  of  ballots  having  the  word  •'  YES  "  thereon  was*  seventeen  hun- 
dred a7id  thirty.  The  number  of  ballots  having  the  word  "  NO  "  thereon  was 
one  hundred  and  twelve. 

GEO.  W.  SNOW,  City  Clerk.  . 

A  true  copy  of  said  record.  • 

Attest,        GEO.  W.  SNOW,  City  Clerk. 


ted  by 
1  ward 
its  ap- 
'  said 
t  take 
1  city 
L-ty  of 
three- 


if 


(No.  10.) 

Resolvks  inviting  the  Commonwmlth  of  Massachusetts  to  co-operate  with 
Milim  in  extending  aid  to  a  military  road  from  Bangor  to  the  St. 
.John  River. 

Whereas,  By  the  act  of  separation  of  Maine  from  Massachusetts,  approved 
June  nineteenth,  in  the  year  of  our  LoriJ  eighteen  hundred  and  nineteen,  the 
Commonwealth  of  Massachusetts  retained  one-half  of  all  the  public  lands  lying 
within  the  then  District  of  Maine,  which  had  merely  a  nominal  value  at  the 
tiiiif  Maine  became  an  ".ndepcudent  St&xx',  which  lands  from  the  care,  ov'Tsight 
and  gi.ardianship  of  the  same  by  the  State  of  Maine,  became  ol  great  value,  iVom 
the  proceeds  of  the  sales  of  which  to  individual  purchasers  large  sums  of  money 
accrued  to  the  treasury  of  Massachusetts,  before  tbe  sale  of  her  interests  therein 
to  the  State  of  Maine  ;  and, 

J'Vhereas.  The  State  of  Maine  did,  on  the  .5th  day  of  October,  in  the  year  of 
our  Lord  eighteen  bundrt'd  and  lifty-three,  purchase  all  the  remaining  rights  of 
the  State  of  Massachusetts  in  and  to  the  lauds  to  her  belonging,  lying  in  the 


^Il' 


mW 


26 


State  of  Maine,  for  the  sum  of  one  hundred  and  twelve  thousand  five  hundred 
dollors  in  money,  and  two  hundrtd  and  liily  thousand  dollars  in  five  ptr  cent, 
bonds  of  the  State  of  Maine  ;  and, 

Whirias,  The  ptople  of  (he  Commonwenlth  of  Maepachusfclts,  especially 
thoHO  of  tiie  eastern  part  of  said  State,  and  of  '.he  City  of  Boston,  have  a  great^ 
if  not  an  tqnal  interest  with  the  people  of  Maine  in  the  settlement  of  the  north- 
ern, eastern  and  northeaptcrn  secn'ons  cf  Maine,  md  in  the  growth  and  prosperi- 
ty of  this  t^tate,  and  will  be  directly  bcnelited  '-y  the  extension  of  railways  to 
Ihe  iiorlhcastern  frontier  and  to  the  lower  Pntish  Provinces  ;  and, 

Wfiirias,  The  people  of  the  State  oi  Maine  are  desirous  of  securing  a  mili- 
tary railioad  from  the  City  or  Bangor  to  the  northeastern  boundary,  and  of  ob- 
taining iiid  Irom  Congress  towards  the  accompl  shment  of  said  undertaking,  and 
the  Sintc  of  Maine  proposes  to  grant  all  tiie  aid  in  its  power  to  the  parties  who 
jihall  e;;rry  out  said  work,  and  assign  to  the  European  and  Nor«"i  American  Rail- 
way Cdmpany  all  its  claims  on  the  United  Slates  Government  which  accrued 
prior  to  the  year  of  our  Lord  eighteen  hundred  and  sixty  ;  and. 

Whntas,  These  claims  are  of  little  or  no  value  in  the  present  aspect  of  public 
affair^.  Imh  may  be  made  useful  as  an  inducement  to  aid  a  work  of  military  ne- 
ccssiiv  ;  and, 

Wl.i  rea.s.  The  military  necessities  of  the  country  now  call  for  a  railroad  from 
Bangor  to  the  St.  John  Kiver,  and  the  Gent-rai  Government,  through  the  jfficer 
in  cliargt!  of  tiie  military  department  of  ihe  East,  has  expressed  an  earnest  opin- 
ion in  tiivor  of  this  measure  ;  therefore, 

Jieaolved,  That  the  Commonwealth  of  Massachusetts  he  resp'ctfully  invited 
to  co-opeiate  with  Maine  in  its  ctforts  to  construct  said  railriad,  and  for  thia 
purpose  to  assign  and  transfer  the  claims  jointly  held  by  her  with  Maine  on  the 
Government  of  the  United  States,  to  aid  tlie  construction  of  the  European 
and  North  American  Railway  from  the  City  of  Bangor  to  the  St.  John  River 
and  to  the  boundary  of  Mew  Brunswick  ;  and  also  the  unpaid  balance  of  the 
bonds  or  certjiieates  of  indebtedness  given  by  the  State  of  Maine,  as  the  consider- 
ation ol  the  i)urehase  oC  said  landn,  dated  October  lifth,  eighteen  hundred  and 
fifty-tliree,  now  amounting  to  two  hundred  and  twenty-five  thousand  dollars  and 
interest, 

Jiesolved,  That  the  Governor  be  authorized  and  rccpiested  to  appoint  three 
commis>ioners  for  this  State  to  present  this  application  to  the  authorities  of  Mas- 
sachusi  Its. 

Resolved,  That  a  copy  of  the  foregoing  preamlde  and  resolutions  be  transmit- 
ted by  his  Excellency  the  Governor  of  jilaine,  to  the  Governor  of  the  Common- 
wealth of  Massachusetts. 

Approved  March  25, 18(J4. 


(No.  IL). 

Kesolves   asking  the.   United  States  Government  to  provide  proper  de- 
fences for  the  Northeastern  Frontier  of  Maine. 

WnereaH,  It  is  made  the  duty  of  the  Federal  Government,  under  the  Consti- 
tuti  in  of  the  United  States,  to  protect  and  preserve  the  integrity  of  the  Union 
end  defend  each  State  in  the  maintenance  of  its  sovereignty  over  its  lawful 
territory;  and, 

Whereas.  The  original  boundary  oS  Maine  extended  northward  to  the  divid- 
iiiij;  ridge  that  separates  the  St.  Lawrence  waters  from  those  of  the  St.  John 
River,  the  title  to  which  was  clear  and  unquestionable;  and, 

Whireas,  The  United  States  Government  neglected  and  refused  to  main- 
tain and  enforce  the  rights  of  this  State  to  the  upper  basin  of  the  St.  John 
River,  permitting  British  troops  to  march  across  said  territory  in  the  war  of 
eighteen  hundred  and  twelve,  and  at  the  time  of  the  Canadian  rebellion  in 
eighteen  hundred  and  thirty-seven,  and  afterwards  to  holu  military  possession 
of  the  country;  and, 

Wheims,  The  State  of  Maine  in  eighteen  hundred  and  thirty-eight  and 
eighteen  hundred  thirty-nine  attempted  to  repossess  herself  of' her  lawfu. 


27 


territory,  and  to  protect  her  soil  from  spoliation  by  provincial  trespassers ; 
and. 

Whereas,  The  United  States  Government  interposed  its  paramount  author- 
ity, calling  on  Maine  to  withdraw  all  armed  forces  detailed  for  the  protection 
of  its  territory,  and  assumed  the  duty  and  insisted  on  its  right  to  exclusive 
control  over  all  matters  of  needful  detenco  of  the  same ;  und. 

Whereas,  This  duty  of  defending  the  territory  of  Maine  was  so  imperfectly 
porformed  by  the  United  States  Government,  that  the  territory  was  stripped 
of  its  most  valuable  timber  before  Maine  could  get  possession  of  what  re- 
mained to  her  after  the  ratification  of  the  ti  eaty  of  Washington,  whereby  a 
just  and  valid  claim  now  exists  against  the  General  Government,  which  has 
been  practically  recognized  by  the  Federal  authorities  at  Washington;  and, 

Whereas,  The  State  of  Maine  is  anxious  to  have  a  military  railroad  from 
Bangor  to  the  St.  John  River,  and  has,  by  resolutions  adopted  by  the  Legis- 
lature of  Maine,  approved  January  thirty-one.  eighteen  hundred  and  sixty- 
three,  calk'd  upon  the  General  Government  to  carry  out  such  a  work,  and 
this  State  is  now  ready  to  co-operate  with  the  General  Government  in  afford- 
ing aid  to  the  parties  who  will  undertake  to  build  such  a  line  of  railway,  and 
offers  to  assign  its  claims  on  the  General  Government  to  aid  said  eaterprise, 
and  to  render  other  and  further  aid  thereto:  therefore, 

liesolced,  That  Maine  reiterates  and  renews  her  demands  on  the  GenernI 
Government  in  the  language  of  the  resolves  of  the  Legislature,  approved  by 
the  Governor,  January  thirty- first,  eighteen  eighteen  hui.ired  and  sixty-three, 
that  Maine  expects  and  earnestly  demands  "  that  measures  be  taken  at  once 
by  the  General  Government'  for  the  protection  of  its  northeast  frontier;  that 
"  this  can  be  accomplished  only  by  a  military  railroad  from  Bangor  to  the  St. 
John  River." 

liesolvcil,  That  the  people  of  Maine,  zealously  attached  to  the  principles  of 
the  Constitution  and  loyal  to  the  Government  of  the  United  States,  sui  round- 
ed on  thrive  sides  by  the  territorj'  of  a  foreign  power,  its  other  side  fronting 
the  ocean,  where  it  is  at  all  times  exposed  to  attackby  a  superior  naval  power, 
by  force  of  its  position  of  incalculable  importance  to,  and  steadily  coveted  by, 
the  people  of  the  Briti.sh  North  American  Provinces,  cannot  fail  to  perceive 
their  danger  in  case  of  war  v/ith  any  one  of  the  great  powers  of  Europe,  and 
they  appeal  to  Congress  for  such  aid  and  support  as  will  enable  them  to  pro- 
tect their  territory  from  foieign  invasion,  and  spcuro  them  against  further 
diminution  of  their  ancient  domain. 

liesolved.  That  the  Government  of  the  United  States  having  forced  a  reluc- 
tant assent  from  the  State  of  Maine  to  the  treaty  of  Washington,  by  which 
treaty  the  most  valuable  portion  of  the  territory  of  the  United  States  for  a 
military  purposes  was  surrendered  to  Great  Britain,  securing  to  her  a  military 
route  in  the  St.  John  valley  between  Canada  and  New  Brunswick,  and  the 
only  adequate  measm-e  of  compensation  that  can  be  awarded  to  Maine  is  the 
construction,  by  the  Federal  Government  or  through  its  aid,  of  a  military  rail- 
way from  Bangor  to  the  St.  John  liiver,  as  suggested  in  the  resolutions  of 
Maine,  of  January  thirty -first,  eighteen  hundred  and  sixty-three;  that  in  or  ler 
to  secure  this  result  the  State  releases  and  assigns  to  the  European  and  North 
American  Railway  Company  of  Maine  all  claims  on  the  Federal  Government 
accruing  prior  to  the  year  eighteen  hundred  and  sixty,  in  case  the  United 
States  Government  affords  such  aid  to  said  railway  company  as  will  enable 
it  to  carry  out  its  line  of  railway  from  the  City  of  Bangor  to  the  St.  John 
River,  or  to  such  point  in  the  northern  part  of  Maine  as  may  accomplish  the 
objects  and  purposes  sought  for  by  the  Government  of  this  State  and  of  the 
United  States. 

Resolved,  That  the  Governor  is  authorized  to  prepare,  or  cause  to  be  pre- 
pared and  printed,  such  documents  and  evidence  as  may  be  needful  to  show 
the  character,  extent  and  value  of  (he  claims  beforj  mentioned.  ' 

liesolved.  That  the  Governor  be  requested  to  transmit  these  resolutions  to 
the  President  of  the  United  States,  and  to  each  Hou.se  of  Congress,  and  to  the 
members  of  the  Senate  and  House,  from  Maine. 

Hesolveil,  That  our  Senators  and  Rci^rescnlatives  in  Congress  be  requested 
and  instructed  to  use  their  utmost  efforts  to  secure  a  recognition  of  the  claims 


28 


of  Maine,  and  the  application  of  the  proceeds  thereof  to  the  uses  t nd  purposes 
above  set  forth. 
Approved  March  25,  1864. 


i 


I 


■u 


i^ 


(No.  12.) 

38th  congress,  XT      T)       K  J.1 

1st  Session.  *^*    ■"'•    O"*!.. 

[Report  No.  119.] 

IN  THE  HOUSE  OF  REPRESENTATIVES. 

June  20,  18()4. 

Read  twice,  ordered  to  be  printed,  and  recommitted  to  the  Select  Committee  on 
Defences  of  Northeastern  Frontier. 

Mr.  J.  H.  Rice,  from  the  Select  Committee  on  Defences  of  Northeastern 
Frontier,  reported  the  following  Ijill: 

A  BILL  to  Provide  for  the  Defcvce  of  the  Northeastern  Frontier. 

.  Be  it  enacted  by  the  Senate  and  House  of  Representativea  of  the  United 
States  of  America ,  in  Congress  assembled,  That  whereas  the  State  of  j\luine 
has  appropriated  for  the  use  of  the  European  and  North  American  Railway  Com- 
pany of  Maine,  for  the  construction  of  a  railway  essential  to  the  defence  of  the 
iiorlheastcrn  frontier  of  the  United  States,  the  proceeds  of  all  her  claims  aj^ainst 
the  United  States  arising  prior  to  the  year  eighteen  hundred  and  f-ixty,  the  ,Sec- 
retary  of  the  Treasury  is  authorized  and  required  to  audit  and  fix  the  amounts  of 
tho  said  claim,  as  follows,  viz:  one  dollar  and  twenty-five  cents  per  acre  f-hall  be 
allowed  to  Maine  ior  the  land  apfigncd  to  pcttlcrs  under  the  fourth  article  of  the 
treaty  of  Washington,  concluded  on  the  ninth  of  August,  eighteen  hundred  and 
forty-two.  Tho  interest  account  of  Maine,  under  the  act  approved  March  third, 
eighteen  hundred  and  fifty-one,  entitled  "  An  act  authorizing  of  the  payment  of 
interest  upon  the  adyances  made  by  the  State  of  Maine  for  the  use  of  the  Uni- 
ted States  Government  in  the  protection  of  the  northeastern  frontier,"  shall  be 
restated  upon  the  principles  directed  to  be  applied  to  the  case  of  Maryland  by 
the  twelfth  section  of  an  act  approved  on  the  third  of  March,  eighteen  hundred 
and  fifty-seven,  entitled  "An  act  to  provide  for  certain  civil  expenses  of  the 
government  for  the  year  ending  on  the  thirtieth  of  June,  eighteen  hundred  and 
fifty-eight.  The  interest  account  of  Maine,  as  the  owner  of  one-third  of  the  claim 
of  Massachusetts,  for  advances  for  the  United  States  during  tho  war  of  eighteen 
hundred  and  twelve  and  eighteen  hundred  and  fifteen,  with  Great  Ibitain,  shall 
be  stated  and  allowed  according  to  the  principles  applied  as  aforesaid  to  the  case 
of  Maryland.  The  damages  to  Maine  by  reason  of  the  loss  of  timber  upon  tho 
disputed  territory  in  consequence  of  the  suspension  of  her  jurisdiction  from 
eighteen  hundred  and  thirty-two  to  eighteen  hundred  and  thirty-nine,  under  a 
diplomatic  arrangement  mudo  by  tho  United  States  in  eighteen  hundred  and 
thirty-two,  shall  be  ascertained  and  awarded. 

Sec.  2.  JInd  be  it  further  enacted.  That  tho  Secretary  of  the  Treasury  is  here- 
by authorized  and  directed  to  pay.  out  of  any  moneys  in  the  treasury  not  other- 
wise appropriated,  to  the  State  of  Maine,  for  tiio  use  of  the  European  and  North 
American  Railway  Company,  all  sums  ascertained  to  be  due  to  said  State,  an  di- 
rected to  be  audited  and  fixed  by  the  first  section  of  this  act:  Provided,  That  iio 
more  shall  be  paid  than  shall  lie  equal  to  ten  thousand  dollars  per  mile  for  the 
main  line  and  branches  of  the  said  railroad  r.ctually  constructed  hy  said  company, 
not  to  exceed  in  length  two  hundred  and  thirty  niil''H,  and  to  bo  paid  over  from 
time  to  time  as  the  consln:etioii  o!  swid  roiid  shall  lio  certified  to  the  Secretary 
of  the  Treasury  by  the  (Jovornor  of  .Maiiic,  and  not  less  than  thirty  miles  there- 
of in  actual  operation,  and  so  on  as  each  additional  section  of  thirty  miles  shall 
be  put  in  operation:  And  pratudrd  Jtniher.  That  no  payment  shalThe  made  un- 
til the  said  railway  company  shall  enter  into  contract,  in  such  form  as  shall  be 


29 


prescribed  by  tlic  Secretary  of  the  Treasury,  for  ihe  transportation  by  said  com- 
pany over  their  main  line  and  branches  of  the  troops  and  munitions  of  war  of  the 
United  States  free  of  expense  to  the  government,  and  for  the  carrying  of  the 
mails  of  the  United  States  at  reasonable  rates,  corresifending  with  those  paid  for 
similar  services  over  other  roads  of  equal  cost,  nnd  to  be  fixed  by  the  President 
of  the  United  States. 


(No.  13.) 


To  his  Excellency  Samuel  Cony,  Governor  of  Maine: 

Sir— Tbe  European  and  North  American  Railway  Company,  a  Corporation 
established  by  the  laws  of  the  State  of  Maine,  respectfully  represents,  that  by 
an  Act  of  the  Congress  of  the  United  States,  entitled  "  An  Act  making  appro- 
"  priations  for  the  construction,  preservation  and  repairs  of  certain  fortitica- 
"  tions  and  other  works  of  defence  for  the  year  ending  the  thirtieth  of  June, 
"  18G5,  and  for  other  purposes,"  approved  July  2,  18G4,  there  was  appro- 
priated, "  for  surveys  for  military  defences  and  for  purchase  of  campaign 
"  maps,  manuscript  notes,  and  maps  of  surveys  of  railroads  and  canals,  one 
"hundred  and  fifty  thousand  dollars." 

And  said  Company  further  represents,  that  the  Legislature  of  Maine,  by 
several  acts  and  resolves,  passed  in  the  years  18G3  and  1864,  authorized  the 
construction  of  a  line  of  railway  from  the  City  of  Bangor  to  the  St.  John 
Eiver,  and,  by  resolutions,  invited  the  United  States  Government  to  provide 
means  for  the  protection  of  its  northeastern  frontier,  by  the  building  of  a 
military  railroad  from  Bangor  to  the  St.  John  Eiver;  and  by  an  act  approved 
March  24,  18G4,  entitled  "An  Act  to  provide  means  for  the  defence  of  the 
"northeastern  frontier,"  appropriated  the  proceeds  of  the  sale  of  timber  on 
certain  townships  of  the  public  lands,  and  certain  claims  "gainst  the  United 
States  Government,  to  aid  the  construction  of  said  European  and  North 
American  Railway,  which  is  the  line  contemplated  in  and  by  the  resolves 
calling  for  a  military  railroad  from  Bangor  to  the  St.  John  River.  The  Legis- 
lature of  Maine  having,  in  the  manner  above  set  forth,  declared  said  railway 
a  work  of  military  necessity,  and  appropriated  largely  of  its  means  to  secure 
its  construction,  and  a  Committee  of  Congress  having  reported  a  bill  to  grant 
aid  to  said  railway  as  a  work  of  military  necessity,  it  is  due  to  the  United 
States  Government  that  the  location  of  said  line  should  be  made  so  as  to  se- 
cure the  ends  in  view,  and  in  accordance  with  the  withes  of  the  War  Office, 

I  therefore  resi)ectfully  request  you  to  make  application  to  the  Secretary  of 
War,  to  appoint  an  engineer  officer  to  make  the  proper  surveys,  and  to  ap- 
prove of  the  location  of  said  railway,  or  to  make  or  approve  such  a  location 
thereof  as  will  best  secure  the  objects  and  purposes  of  a  military  railroad 
from  Bangor  to  the  St.  John  River. 

By  order  of  the  Directors . 
(Signed,)  JOHN  A,  POOR, 

President  of  the  European  and  North  American  Railway  Co. 

PoKTLAND,  Sept  19,  18G4. 


STATE  OF  MAINE,  EXECUTIVE  DEPARTMENT. 

Augusta,  Sept.  28,  18G4. 
Sir— I  have  the  honor  to  lay  before  you  a  copy  of  the  application  of  the 
European  and  North  American  Railway  Comi)any  of  Maine,  asking  the  Ex- 
ecutive of  this  State  to  request  of  you  the  appointment  of  au  engineer  to  ap- 
prove of  the  location  of  its  line,  as  made  by  that  Company,  for  a  railway  from 
Bangor  to  the  St.  John  River,  which  railroad  is  the  ono  sought  for  by  the 
Legislature  of  Maine,  and  recommended  by  it  to  Congress  as  the  proper 
measure  or  defence  for  the  northeastern  frontier. 


80 


I ' 


111 
III  I 


Fully  approving  of  this  application,  I  respectfully  advise  and  request  that 
the  same  may  bo  granted. 

With  the  highest  respect, 
♦  Your  ob't  servant, 

(Signed,)  SAMUEL  CONY, 

Governor  of  Maine. 
To  Hon.  E.  M.  Stanton,  Secretary  of  AVar, 

Washington,  D.  C. 


Portland,  Oct.  1,  18fi4, 
Sir— I  am  instructed  by  the  Board  of  Directors  of  the  European  and  North 
American  Railway  Company  of  Maine,  to  lay  before  you  the  application  of  the 
Governor  of  Maine  for  the  appointment  of  an  engineer  to  report  on  the  loca- 
tion of  the  line  of  said  Company  from  Bangor  to  the  St.  John  River. 
I  most  earnestly  but  respectfully  invite  your  attention  thereto. 
With  distinguished  consideration,  I  have  the  honor  to  be. 

Your  ob't  servant, 

JOHN  A.  POOR, 
President  of  the  European  and  North  American  Railway  Co. 
To  Hon.  E.  M.  Stanton, 

Secretary  of  War. 


Portland,  Oct.  1,  18G4, 
Sir— I  have  the  honor  to  transmit  to  your  charge  the  application  of  the 
Governor  of  Maine  to  the  Secretary  of  War,  for  the  appointment  of  an  engi- 
neer to  report  on  the  location  of  the  line  of  the  European  and  North  American 
Railway  from  Bangor  to  the  St.  John  River. 

From  the  interest  expressed  by  yoii  in  favor  of  this  object,  and  the  import- 
ance of  it  to  the  State  of  Maine,  I  respectfully  ask  you  to  present  the  same  to 
the  attention  of  the  proper  parties,  and  thereby  secure  the  accomplishment  of 
the  purpose  sought  for. 
With  distinguished  consideration,  I  have  the  honor  to  be, 

Your  ob't  servant, 

JOHN  A.  POOR. 
To  Hon.  W.  P.  Fessenden, 

Secretary  of  the  Treasury. 


Washington,  Oct.  3,  1864. 
Sir— Yours  of  the  1st  inst.  has  been  received,  with  the  package  addressed 
to  Mr.  Stanton,  Secretary  of  War. 

I  have  placed  it  in  Mr.  Stanton's  hand,  and  urged  upon  him  a  compliance 
with  the  Governor's  request. 

His  reply  was,  that  it  required  consideration,  which  It  should  receive  at  an 
early  day. 

Yours  very  respectfullj', 

W.  P.  FESSENDEN. 
John  A.  Poor,  Esq. 


(No.  3.4.)  "" 

,  ACT  of  ike    General   Assembly  of  Her  Majesty's   Province  of  New 
Brunswick,  passed  in  the  month  of  April,  1»64. 

AN  ACT  in  aid  of  the  construction  of  Railways.      Passed  Wth  April, 
18()4. 

Whereas,  It  is  deemed  advisable  to  aid  the  constructioa  of  Railways  iu  this 
Province; 

Be  it  enacted  l)y  the  Lieutenant  Governor,  Legislative  Council  and  Assem- 
bly, asjollows: 


t 


i 


81 


fAl 


1.  1'hat  Provincial  aid,  in  the  manner  hereinafter  providetl,  shall  be  given  to- 
wards tlie  construction  and  completion  of  tiio  following  lines  of  railway,  that  is 
to  say  : 

A  main  line  from  the  City  of  St.  John  to  the  State  of  Maine,  running  as  near 
as  may  be  by  the  Douglan  Valley  ;  and  a  line  from  some  l>oiat  on  tlie  Kuropeaa 
and  North  AmoricAn  Railway  towards  the  boundary  of  Nova  Scotia ;  also,  an 
exIcnsioM  of  tbe  European  and  North  American  Railway  to  Miramichi ; 
also,  a  branch  to  connect  the  main  "ne  with  the  City  of  Fredericton; 
another  bianch  from  the  town  of  Woodstock  to  connect  with  the  present  St. 
Andrew's  Line  ;  anolhtr  branch  from  tlie  town  of  St.  Stephen  to  connect  with 
the  St.  Andrew's  Line  ;  and  another  branch  to  connect  tbe  Kuropean  and  North 
American  Railw.iy  with  Hillsborough,  in  the  County  of  Albert,  at  such  point 
therein  as  may  be  deemed  most  desirable. 

2.  The  several  lines  ol  railway  and  branche.s  and  extensions  to  be  constructed 
under  the  provisions  of  this  act,  sliall  be  made  on  sucl;  grades  and  with  such 
guages  and  curvatures,  aud  of  such  class  and  cliaracter,  respectively,  as  the 
Governor  in  Council  shall  determine  ;  and  the  routes  and  locations  of  the  said 
lines  and  the  said  several  branches  and  extensions,  shall  also,  in  all  cases,  be  sub- 
ject to  the  approval  of  the  Governor  in  Council. 

3.  The  aid  to  be  granted  to  the  said  liiiesof  railway  and  the  said  branches  and 
extensions  in  the  fiist  .sect-on  of  this  act  spieiiied,  shall  be  at  the  rate  of  $10,000 
per  mile,  to  be  pa'd  as  hereinafter  provided. 

4.  if  any  company  or  body  corporate  now  or  hereafter  to  be  organized,  possess- 
ing suHicient  capital,  shall  offer  to  construct  the  first  before  mentioned  lines  of 
railways,  and  the  said  branches  and  exKMisions,  or  any  of  them,  and  shall  give 
such  assurance  or  guarantee  of  their  ability  as  the  Governor  in  Council  may 
deem  necessary,  ihe  Governor  in  Council  is  hereby  empowered  and  authorized 
to  consent  and  agree  to  the  building  of  tlie  said  lines  and  the  said  branches  and 
extensions!,  or  any  of  them,  by  such  com^iauy  or  body  corporate,  such  agree- 
ment to  be  in  the  name  of  the  Queen,  aud  subject  to  such  securities,  clauses  and 
conditions  for  protecting  the  public  interest  and  for  securing  the  due  completion 
of  such  lino  or  lines  of  railways  as  the  (Jovernor  in  Council  may  deem  necessa- 
ry ;  and  so  soOn  as  it  shall  be  satisfactorily  proved  to  the  Governor  in  Council 
that  any  such  company  or  body  corporate  .«ball  have  bona  fide  expended  the  sum 
of  $10.),0U0  in  actual  work  on  the  road  undertaken  to  be  built  by  them,  it  shall 
be  lawful  for  the  Governor  in  Council  to  pay  to  such  company  or  body  corporate 
the  sum  of  $:i5.()00,  being  a  portion  of  the  said  aid;  and  so  in  like  manner  Iront 
time  to  time  pro  rata,  until  the  whole  of  the  said  road  undertaken  by  the  said 
company  or  body  corporate  shall  be  fully  completed  and  in  efflcieut  operation, 
with  all  necessary  station-houses,  and  with  substantial  and  sufficient  locomotives 
and  other  rolling  stock  for  the  accommodation  of  passengers  and  transp')rtaJ.ioQ 
of  merchandise,  when  the  balance  of  the  said  aid  of  $10,000  per  mile,  and  no 
more,  shall  be  paid  to  such  company  or  body  corporate. 

5.  No  agreement  shall  be  entered  into  for  the  co  npletion  of  a  line  to  connect 
with  the  Province  of  Nova  Scotia,  until  satisfactory  arrangements  are  made  with 
the  Governmi'ut  of  that  Province  for  the  completion  of  the  coniiectioa  with  the 
Nova  Scotia  Railways. 

G.  In  case  the  Act  of  Assembly  made  and  passed  in  the  twenty-sixth  year  of 
Her  Maji  sty's  Reign,  intituled  An  Jet  to  authorize  a  loan, and  for  the  construc- 
tion and  ininngeinent  of  an  IntT-Ciitouiu/  Railwny,  should  become  inopera- 
tive, then,  if  any  company  or  body  corporate  now  or  hereafter  to  be  organized, 
possessing  siilflcient  capital,  shall  otfer  to  construct  a  line  of  later-Colonial  Rail- 
way to  connect  this  Province  wilhUanada,  and  shall  give  such  guarantee  or  as- 
surance of  their  ability  as  the  Governor  in  Council  may  deem  necessary,  the 
Governor  in  Council  is  hereby  aulhori3(!d  and  empowered  to  enter  into  an  agree- 
ment with  such  company  or  Ijudy  corporate  for  the  construction  of  huch  line, 
upon  the  following  terms,  viz. :  That  upon  the  completion  of  such  line  of  rail- 
way, in  efficient  operation  for  the  accommodation  of  passengers  and  transporta- 
tion of  merchandise,  the  Governor  in  Council  shall  each  and  every  year  there- 
alter  in  which  the  said  line  of  railway  shall  be  efficiently  worked,  pay  to  the  said 
cotnpany  or  body  corporate  a  sum  which,  together  with  the  net  earnings  of  the 
said  railway,  shall  be  equal  to  the  inteiest  of  six  per  cent,  upon  the  actual  cost 


32 


it)  ,  k 


I'iiii 


of  eaid  line  so  agreed  to  be  built— such  Bum  not  to  exceed  in  any  one  year  the  sum 
of  twenty  tlioui-and  pounds  curroncy. 

7.  The  Governor  in  Council  is  hereby  authorized  <o  iH?ue  from  time  to  time, 
for  the  purpoHt'S  of  this  act,  debenturts,  payable  either  in  New  Brunswick  cur- 
rency or  sterling  money,  to  be  numbered  consecutively,  with  coupons  annexed, 
beaiingiolcrest  at  six  per  cent,  per  annum,  payable  semi-annually,  in  such  form, 
verified  and  authenticated  in  such  manner,  in  such  amounts  not  less  than  one  hun- 
dred p  unds  each,  and  on  such  conditions  as  the  Governor  in  Council  may  pre- 
Bcribe.  The  principal  of  puch  dt  bentures  to  be  paid  in  full  after  the  expiration 
of  thirty  years,  to  the  holders  thereof ;  the  debentures  in  sterling  money  to  bo 
payable  in  London,  and  the  debentures  in  New  Brunswick  currency  to  be  pay- 
able at  the  Treasury  in  New  Brunswick. 

8.  The  Governor  in  Council  is  hereby  aulhorized  from  time  to  time  to  appoint, 
during  pleasure,  a  fit  and  proper  person  as  Engineer  on  behalf  of  this  Province, 
whose  duty  it  shall  be  to  watch  over  the  interests  of  this  Province  in  the  con- 
struction of  the  several  lines  of  railway  hereinbefore  specitied,  and  the  said 
branches  and  extensions. 

9.  When  any  of  the  lines  of  railway  in  this  act  mentioned,  or  the  said  branches 
or  extensions,  shall  pass  through  Crown  Lands,  the  Governor  in  Council  shall 
grant,  for  the  purposes  of  such  roads,  necessary  Crown  Lands  for  tracks,  sidings 
and  stations. 

10.  That  for  the  purpose  of  securing  the  due  and  efficient  completion  of  all  or 
any  of  the  said  lines  of  railway,  or  branches  and  extensions,  in  the  first  section  of 
this  act  m-ntioned,  any  moneys  ndvanced  or  paid  to  any  company  or  body  cor- 
porate unde;-  the  provisions  of  this  act,  shall  attach  and  stand,  and  are  hereby 
declared  to  bo  a  primary  mortgage  or  first  charge  in  favor  of  the  Queen,  for  tiie 
benefit  of  this  Province,  upon  such  line  or  lines  of  railway,  andlhe  branches  and 
extensions  undertaken  lobe  built  by  such  company  or  body  corporate,  and  upon  the 
stations,  station-houses,  rolling  stock,  and  property  of  every  description,  and 
shall  attach  immediately  upon  the  advance  or  payment  of  any  portion  of  the  said 
aid,  upon  all  property  owned  by  such  company  or  body  corporate;  and  in  order 
to  fix  and  ascertain  the  amounts  from  time  to  time  advanced  or  paid  to  .^^nch 
company  or  body  corporate,  the  President  and  Treasurer  of  ihe  same  shall  de- 
liver to  the  Provincial  Treasurer  a  certificate  under  their  hands,  staling  the 
amount  so  received;  which  certificate  shall  be  sufficient  evidence  o*"  such  pri- 
mary mortgage  or  first  charge  under  this  act ;  provided,  always,  that  on  the 
<y)mpletiGn  ol  the  road  according  to  the  terms  of  the  agreement,  such  mortgage 
or  first  charge  shall  cease  and  determine. 

II.  Every  such  company  or  body  corporate  as  aforesaid  shall  be  bound  to  pro- 
vide such  conveyance  lor  the  officers  and  soldiers  of  Uer  Majesty's  forces,  ord- 
nance corps,  marines,  militia,  or  police  forces,  at  such  time  or  limes,  (whether 
the  Same  shall  be  the  usual  hours  of  starting  trains  or  not.)  as  shall  be  required 
or  appointed  by  any  officer  duly  aulhorized  by  the  Govunor  for  that  purpose, 
and  with  the  whole  resources  of  such  cimipany  or  body  corporate,  at  fares  not 
exceeding  two  cents  per  mile  for  each  officer,  soldier,  marine  or  private,  of  such 
forces  respectively,  and  also  lor  each  wife,  widow,  or  child,  above  twelve  y(  ars 
of  age,  of  a  soldier,  entitled  by  Act  of  Parliament  or  other  competent  authority, 
to  be  sent  to  their  destination  at  the  pulilic  expense  ;  children  under  three  years 
of  age  so  entitled  to  be  taken  free  of  charge  5  and  children  of  three  years  of  age 
and  upwards,  but  under  twelve  years,  so  entitled,  l)eing  tuken  at  half-price  of  an 
adult ;  provided  that  every  officer  conveyed  shall  be  entitled  to  take  with  him 
one  hundn  d  weight  of  personal  luggage  without  extra  charge  ;  and  every  soldier, 
marine,  private,  wife,  or  widow  shall  be  entitled  to  tuke  with  him  or  her  half  a 
hundred  weight  of  personal  luggage  without  extra  cliarge  ;  all  the  excess  of  the 
above  weights  of  personal  luggnge  being  pa  d  for  at  the  rate  of  not  more  than 
eighty  cents  per  one  hundred  weight  per  hundred  miles  ;  and  all  public  baggage, 
stores,  arms  ammunitions,  and  mher  necessary  things,  except  gunpowdt  r  and 
other  combustible  matters,  shall  be  conveyed  at  charges  not  exceeding  four  cents 
per  ton  per  mile,  the  assistance  of  the  military  or  others  being  given  in  loading 
and  unloading  such  goodg. 


m 


33 


(No.  15.) 

AN  ACT  to  incorporate  the  Eumpean  and  North.  American  Railway 
Company  for  extension  from  St.  John  westward.  Passed  VMh  April, 
18(34. 

Be  it  niacted  by  the  Lieutenant  Governor,  Legislative  Council,  and  Assem- 
bly, as  follows : 

1.  That  Laucblan  Donaldson,  William  Thomson,  J.  V.  Troop,  Robert  Jardine, 
C.  II.  Fairweather,  John  Boyd,  William  II.  Scovil,  E.  D.  Jewett.  F.  T.  C.  IJur- 
pee,  A.  Jardine,  William  Wright,  Jolin  Robertson,  N.  S.  Derail!,  William  Parks, 
Thomas  Parks,  William  0.  Smitli,  Tliomas  R.  Jones.  George  E.  Snider.  Francis 
Ruddock,  George  Carvill,  George  S.  DeForcst,  Richard  Thompson,  T.  W.  Daniel, 
Duncan  Robertrion,  John  D.  Purdy,  R.  W.  Crookshank,  George  Thomas,  Zt'bedee 
Ring,  Jeremiah  Uarri-son,  Stephen  S.  Hall.  Wallace  W.  Turnbull,  their  a'»so- 
ciates,  successors,  and  assigns,  are  hereby  made  and  constituted  a  body  politic 
and  corporate,  by  the  name  of  "  The  European  and  North  American  Railway 
Company  for  extension  from  St.  John  westward  ;"  and  by  that  name  shall  have 
all  the  general  powers  and  privileges  made  incident  to  a  Corporation  by  Act  of 
Assembly  in  this  Province,  and  may  sue  and  be  sued,  plead  and  be  impleaded, 
and  shall  have  and  enjoy  all  proper  remedies  by  law  and  equity,  to  secure  aud 
protect  them  in  the  exercise  and  use  of  the  ri.'^hts  and  privileges  and  in  the  per- 
fprmance  of  the  duties  hereafter  enjoined,  and  to  prevent  all  invasion  thereof  in 
exercising  and  performing  the  same  ;  and  the  Corporation,  so  soon  as  the  sum  of 
fifty  thousand  dollars  of  the  capital  stock  shall  be  actually  paid  in  to  the  Treas- 
urer of  the  Company,  are  hereby  authorized  and  empowered  to  locate  and  con- 
struct, and  finally  complete,  alter  and  keep  in  repair,  a  railroad,  with  one  or 
more  sets  of  rails  or  tracks,  with  all  suitable  bridges,  tunnels,  viaducts,  turnouts, 
culverts,  drains,  and  all  other  necessary  appendages,  Irom  the  City  of  St.  John, 
in  the  County  of  St.  John,  in  this  Province,  westward,  to  the  boundary  of  the 
United  States,  by  such  route  as  by  survey  or  otherwi.-ie  may  hereafter  be  found 
mo.«t  expedient,  whenever  the  said  Corporation  may  deem  it  expedient  so  to  do, 
and  to  make  such  branches  thereof  as  tiiey  shall  deem  proper ;  and  the  said 
Company  shall  be  and  are  hereby  invested  with  till  the  powers,  privileges  and 
immunities  which  are  or  may  be  necessary  to  carry  into  efl'ect  the  purpones  and 
objects  of  this  Act ;  and  for  this  purpose  said  Corporation  shall  have  the  right 
to  purchase  or  take  aud  hold  so  much  of  tlie  land  aud  other  real  estate  of  private 
persons  or  Corporations  as  may  be  necessary  for  the  location,  construction  and 
convenient  operation  of  said  railroad,  and  branches  thereof,  and  stations  con- 
nected therewith  ;  and  they  shall  also  have  the  right  to  take,  remove,  and  use, 
for  the  construction  and  repair  of  said  railroad  and  appurtenances,  any  earth, 
gravel,  stone,  timber,  or  other  material,  on  or  from  the  land  so  taken  ;  provided, 
however,  that  said  land  so  taken  for  the  route  of  said  railway  shall  not  exceed 
six  rods  in  width,  except  when  greater  width  is  necessary  for  excavation  and 
embankment;  aud  provided  also,  that  in  all  cases  said  Corporation  shall  pay  for 
said  lands,  estate  and  materials  so  taken  aiid  used,  such  price  as  they  and  the 
owner  or  respective  owners  thereof  may  mutually  agree  upon  ;  and  in  case  said 
parties  shall  not  otherwise  agree,  the  said  Corporation  shall  pay  such  damages 
as  shall  be  ascertained  and  determined  in  the  some  manner  and  under  the  same 
conditions  and  limitations  as  are  provided  by  the  second  section  of  an  Act  made 
and  passed  in  the  thirteenth  year  of  the  reign  of  Her  present  Majesty,  intituled 
An  Act  relating  to  the  St.  Andrew's  and  Quebec  Railroad,  as  also  for  the  re- 
covery of  the  same  ;  and  the  land  so  taken  by  said  Corporation  siiall  be  held  as 
lands  taken  aud  appropriated  for  highways;  and  all  applications  for  damages 
shall  be  made  within  three  years  from  the  time  of  taking  such  land  or  other  prop- 
erty, and  not  after. 

2.  The  capital  stock  of  the  said  Corporation  shall  consist  of  two  millions  of 
dollars,  to  be  divided  into  forty  thousand  shares  of  lifty  dollars  each,  with  power 
to  increase  to  two  millions  live  hundred  tiioui^and  dollars,  with  additional  shares 
of  titty  dollars  each  ;  and  the  immediate  government  and  direciion  of  tlie  att'airs 
of  the  said  Corporation  shall  bo  vested  in  live  Directors,  who  shall  be  chosen  by 
the  members  of  the  said  Corporation  in  the  maimer  hereinafter  provided,  and 


34 


iiii 


m 


shnll  hold  tlieir  offices  until  othcrH  are  chopcii  in  their  ptrorl,  a  DiHJorilv  ol'  whom 
Bhail  (orin  a  quorum  for  the  transaction  of  buaini'SH ;  and  llii-y  Hhull  tirct  oiiu  of 
tht'ir  numl)(;r  to  Ite  rresident  of  the  LJoii'd,  wlio  Hhail  also  be  Prti-iidcnt  ot  the 
Corporation;  and  Ibo  said  UirectorH  Khali  liave  authority  to  clioosf^  u  Sicietary, 
who  shall  be  sworn  to  the  faiihl'ul  diKcliarj^u  of  hJH  duty,  and  a  Trcu- imr,  who 
8hiill  be  sworn  and  also  give  bonds  totlie  Corporation,  witli  Hureties  to  llic  Katia- 
faction  of  the  Directors,  for  the  faithful  discliarge  of  Ids  trust. 

o.  Any  three  of  the  persons  named  in  the  tirst  yeetion  of  this  Act  are  hereby 
authorized  to  call  the  lirst  meetinjj:  of  the  said  Cnrporation,  by  giving  notice  in 
one  or  more  newspapers  published  in  the  City  of  St.  John,  of  ihe  tinii!  and  place 
and  purpose  of  such  meeting,  at  least  fourteun  dayd  before  the  time  mentioned 
in  such  notice. 

i.  Tne  said  Corporation  shall  have  power  to  make,  ordain  and  establish  all 
necessary  bylaws  and  regulations,  consistent  with  the  laws  in  force  in  this 
Province,  for  their  own  government,  and  the  due  and  orderly  conducting  of  af- 
fairs, and  the  management  of  their  property. 

5.  The  President,  Directors  and  Company  for  the  time  being,  are  h(!rcby 
authorized  and  empowered,  by  themselves  or  their  Hgents,  to  exercise  a!,  the 
powers  herl'in  granted  to  the  Corporation  lor  the  purpose  of  locating  and  com- 
pleting said  Kaih'oad  and  J[)rancheB,  and  for  Ihn  transportation  of  persons,  goods 
and  property  of  all  descriptions,  and  all  such  power  and  authority  for  the  man- 
ngtnient  of  the  Corporation  as  may  be  neci-ssary  and  proper  to  carry  into  effect 
the  objects  of  this  Act ;  to  purchase  or  hold  within  or  without  the  Province, 
lands,  materials,  engines,  cais,  and  other  iiecesc-ary  things,  i  i  the  name  of  the 
Corporation,  for  the  use  of  said  Road,  and  for  the  transportation  of  pfjrsons, 
goods  and  property  of  all  descriptions  ;  and  to  make  such  connection  witl>  other 
Railroad  Companies  within  or  without  the  Province,  either  by  leasing  their 
road  to  other  corporation  or  corporations  on  such  terms  and  for  such  length 
of  time  as  may  be  agreed  upon,  or  by  consolidating  thi'  stock  of  their  road  with 
that  of  other  railroad  companies  or  company  upon  such  terms  as  may  be  agreed 
upon  ;  to  make,  execute  and  deliver  good  and  suHicient  mortgage  deed  or  deeu>? 
of  their  road  and  all  its  branches,  to  such  private  persons  or  corporations  within 
or  without  this  Province  as  they  may  think  tlie  interest  of  the  Stockholders  in 
their  company  requires;  and  to  make  such  equal  assessments  i'roui  time  to  time 
on  all  the  shares  in  said  corporation,  as  they  may  deem  necessary  and  expedient 
in  the  execution  and  progress  of  'he  work,  and  direct  the  same  to  be  paid  to  the 
Treasurer  of  the  Corporation,  and  the  Treasurer  shall  give  notice  of  all  such  as- 
sessments ;  and  in  case  any  subscriber  or  stockholder  shall  neglect  to  pay  any 
assessment  on  his  share  or  shares,  for  the  spact-  of  thirty  days  after  sucli  notice 
is  given,  as  shall  be  prescribed  by  the  by-laws  of  said  corp(nation,  the  Directors 
may  order  the  Treasurer  to  sell  such  share  or  shares  at  puldic  auction,  after  giv- 
ing such  notice  as  may  be  prescribed  as  aforesaid,  to  the  highest  bidder,  and  the 
same  shall  be  transferred  to  the  purchaser;  and  sucli  delinquent  subscriber  or 
stockholder  shall  be  held  accountable  to  the  Corporation  for  the  balance,  if  his 
share  or  share;'  shall  sell  for  less  than  the  assessment  due  thereon,  with  interest  and 
cost  of  sale,  and  shall  bo  entitled  to  the  overplus,  if  his  share  or  shares  shall  sell 
lor  more  than  the  assessment  due,  with  interest  and  cost  of  sale;  provided  that 
no  shareholder  in  said  Company  shall  be  in  any  maimer  whatever  liable  for  any 
debt  or  demand  due  by  said  Company,  beyond  (he  amount  of  his  or  their  shares 
in  the  capital  stock  of  said  Company,  not  paid  up  ;  and  no  assessment  shall  be  laid 
upon  any  shares  in  said  Company  for  a  greater  amount  than  filly  dollars  per 
share  on  the  whole. 

C.  A  toll  is  hereby  granted  and  established  for  the  sole  benefit  of  said  Corpo- 
ration, upon  all  passengers  and  property  of  all  descrii)tIons  which  may  be  con- 
veyed or  transported  by  them  upon  such  road,  at  f^ucli  rate  as  may  be  agreed  upon 
and  established  from  time  to  time  by  the  Directors  of  said  Corporation. 

7.  The  said  Railroad  Corporation  shall  erect  and  maintain  .-;ubstanlial,  legal 
and  sufficient  fences  on  each  side  of  the  laud  taken  by  them  lor  their  railroad, 
where -the  same  passes  through  inclosed  or  improved  land,  or  lands  that  may 
hereafter  be  improved  ;  and  for  neglect  or  failure  to  erect  and  maintain  such 
fences,  said  Corporation  shall  be  liable  to  be  indicted  in  any  Court  having  com- 
petent jurisdiction,  and  to  be  fined  in  such  sum  as  shall   be  adjudged  necessary 


35 


to  repair  tlii!  eamc;  and  Hiicb  tiuuH  sball  be  collected  and  paid  hh  other  fines  are 
by  law  collected  uud  paid,  and  sball  be  expended  lor  Ibo  triclion  or  npair  of 
Buch  fence,  under  the  direction  of  an  agent  appointed  by  ihe  Court  iinpohing 
Kucb  fine;  provided,  however,  Haid  fences  may  be  dit-penBtd  with  at  the  receiving 
and  hmdinj;  places  of  passengers  and  freight,  and  attuch  other  places  as  feuccH 
are  not  elsewhere  usually  required. 

8.  The  annual  meeting  of  the  eaid  Corporation  shall  bo  holden  on  the  second 
Tuesday  in  January,  or  such  other  day  as  shall  be  determined  by  the  by-laws, 
at  Buch  time  and  place  aa  the  Directors  for  the  time  being  nhall  appoint,  at 
which  moeiing  the  Directors  shull  be  chosen  by  balU  t,  each  proprietor,  by  him' 
self  or  by  proxy,  being  entitled  to  as  many  votes  as  he  holds  shares;  and  theDirec- 
tors  are  hereby  authorised  to  call  special  meetings  of  the  stocliholderu  whenever 
they  sluvll  deem  it  expedient  and  proper,  giving  such  notice  as  the  Corporation 
by  their  by-laws  shall  direct. 

9.  The  said  shares  of  said  Corporation  shall  be  deemed  personal  estate,  and 
transferable  as  such  and  every  such  share  shall  entitle  the  holder  thereof 
to  a  proportionate  part  of  the  profits  and  dividends  of  the  said  Company,  after 
the  malting,  completing  and  maintaining  the  said  railway,  and  other  incidental 
expenses  ;  but  no  shareholder  shall  bo  entitled  to  t riinsler  any  share  after  any 
call  shall  have  been  mivde  in  respect  thereof,  until  he  or  she  shall  have  paid  all 
calls  tor  the  time  being  due  on  every  share  held  by  him  or  her. 

10.  The  Directors  of  the  Company  may  from  time  to  time  by  deed,  subject  and 
charge,  in  such  manner  as  they  ihmk  lit,  the  said  railroad,  and  the  future  lands, 
goods  and  other  property  and  effects,  tolls,  income  and  profits  whatsoever  of  the 
said  Company,  or  such  parts  thereof  as  the  Directors  may  think  fit ;  and  may  also 
in  like  manner  grant  and  assure  ihe  whole  or  any  partof  any  guarantee  of  interest, 
grant  of  money  or  lands,  or  other  benefit,  profitor  advantage  already  of  to  be  here^ 
after  granted,  conceded  or  allowed  to  railroad  companies  in  this  Province  by  any 
Act  of  Assembly;  and  every  deed  executed  by  the  Directors  of  the  Company  shall 
be  under  the  common  seal  of  the  Company,  which  the  Directors  are  hereby  au- 
thorized to  aflix  to  every  such  deed,  and  under  the  respective  hands  and  seals  of 
any  three  or  more  of  the  Directors  of  the  sai^  Company  ;  and  every  deed  so  ex- 
ecuted shall  have  as  full  effect  and  be  aa  binding  and  conclusive  on  the  Compa- 
ny, and  the  Directors  of  the  Company,  as  it  the  terms  and  provisions  of  such 
deed  were  by  this  Act  of  Assembly  expressly  enacted  and  made  binding  and  con- 
clusive accordingly. 

11.  The  joint  stock  and  property  of  the  said  Company  shall  alone  be  respon- 
sible fur  the  debts  and  engagements  of  the  same. 

12.  The  said  Company,  by  their  agents,  servants,  and  workmen,  shall  and  may 
enter  upon  any  lands  of  private  persons_j  for.  the  purpo.ses  of'  making  a  survey  of 
the  line  or  route  of  the  contemplated  railroad,  and  to  cut  down  or  remove,  where 
necessary  to  the  n'.aking  of  such  survey,  any  trees  or  other  obstacles  on  such 
lands;  compensation  lor  such  cutting  and  removing  to  be  made  to  such  owners 
of  private  property,  by  the  same  proceedings  and  iu  the  same  manner  as  is  pre- 
scribed under  the  lirst  sectfon  of  this  act. 

13.  The  said  Company,  to  entitle  themselves  to  the  privileges,  benefits  and 
advantages  to  them  granted  iu  this  Act,  shall  bona  fide  commence  to  build  said 
railway  within  two  years  from  the  passage  of  this  act  ;  failing  which,  then  tfiis 
act  and  every  matter  and  thing  therein  contained  shall  cease  and  be  utterly  null 
and  void  ;  and  if  the  sa;d  railway,  having  been  commenced,  shall  not  be  made  and 
completed  within  the  period  ol  live  years  from  the  passage  of  this  act,  so  as  to 
be  used  for  the  conveyance  and  carriage  of  passengers,  goods  and  chattels  there- 
on, then  this  act  and  every  matter  and  thing  therein  contained  shall  cease  and 
be  utterly  null  and  void. 

14.  Nothing  in  this  act  contained  shall  authorize  the  said  Company,  or  their 
contractors,  to  enter  upon  any  lauds  reserved  for  naval  or  military  purposes, 
without  the  consent  of  Her  Majesty  ;  nor  shall  it  be  construed  to  confer  upon 
the  said  Company  any  exclusive  right  or  privilege  in  regard  to  the  construction 
of  any  branch  line,  to  which  Provincial  aid  may  hereafter  be  afforded,  or  shall 
authorize  the  said  Company  in  any  way  to  bar  or  prevent  a  conaectiou  between 
such  branches  and  the  extension  contemplated  by  this  act. 


86 


(No.   16.) 

AiouflTA,  Maine,  Feb.  22U,  1864. 

Sib — I  hftvt;  the  honor  to  infuriii  you  tliat  our  Railway  Bill  has  become  a  law, 
authorizing  tiic  European  and  North  American  Railway  Company  of  Muine  to 
lease  or  purchase  the  linoa  of  railway  from  Portland  to  Ualiifax,  a  copy  of  which 
I  eend  herewith. 

I  am  further  authorized  to  say,  that  having  arranged  with  tho  linen  of  railway 
west  of  Bangor,  and  secured  the  pledge  of  cupital  for  this  purpose,  the  European 
and  North  American  Railway  Company  of  Maine  is  now  prepared  to  enter  Into 
contract  for  constructing  the  link^  in  the  chain  that  now  remain  unfinished,  from 
Bangor  to  Halifax,  in  case  tho  Provinces  of  Nova  Scotia  and  New  Brunswick 
shall  severally  execute  to  it  ;i  lease  of  tiieir  lines  as  built,  and  by  proper  facility 
bills  pledge  the  sum  of  £20,000  currency  in  eacii  Province,  or  eighty  thousand 
dollars  per  annum  to  the  new  company,  till  the  entire  line  from  Bangor  to  Hall- 
fax  shall  pay  six  per  cent,  interest  or  dividend  upon  its  cost  to  the  new  company. 
After  the  payment  of  C  per  cut.  on  the  cont  to  iho  companjr,  the  nftt  Income  of 
the  road  from  Bangor  to  Jlalifax.  above  the  payment  of  said  G  per  cent.,  shall 
je  paid  over,  one-half  to  the  two  Provinces  iind  the  other  half  to  this  company. 

Responsible  parties  now  stand  ready  to  contract  for  tho  building  of  the  entire 
road  remaining  to  complete  the  chain,  (2!)>>  miles,)  at  the  rate  of  $HO,000  per 
mile  through  Maine,  and  at  the  same  ratio,  according  to  the  amount  of  work  to 
be  executed,  ia  Nova  Scotia  and  New  Brunswick. 
By  order  of  the  Directors. 

JOHN  A.  POOR, 
Pres't  E.  &  N.  A.  R.  W.  Co.  of  Maine. 
To  the  Hon.  C.  Tupper,  Prov.  Sec'y. 


IW 


II 


Provincial  Secretary's  Officw,  I 
Halifax,  March  4th,  18G4.      j 

Sir — 1  have  the  honor  to  ackno\<'lodge  the  receipt  of  your  letter  of  the  22d 
ult.,  containing  a  proposal  on  the  part  of  the  European  and  North  American 
Railway  Company  of  Maine  for  the  completion  of  the  lino  from  Portland  to 
Halifax.  And  I  am  commanded  by  his  Excellency  the  Administrator  of  the 
Government,  to  state  in  reply,  that  the  Government  of  this  Province  arc  not 
disposed  to  lease  the  existing  line  from  Halifax  to  Truro,  but  would  be  prepared 
to  submit  to  the  Legislature  a  proposal  to  grunt  a  subvention  of  eighty  thoui^and 
dollars  per  annum  to  facilitate  the  construction  of  the  line  from  Truro  to  the 
border  of  Nova  Scotia,  provided  arrangements  were  made  to  connect  with  the 
railway  in  New  Brunswick. 

I  have  the  honor  to  be,  sir,  your  obedient  servant, 

CHARLES  TUPPER. 
To  John  A.  Poor,  Esq., 

Pres't  E.  &  N.  A.  R.  Co.,  «fcc. 


[By  Telograph.] 

Augusta,  March  14,  1864. 
Hon.  C.  Tupper,  Prov.  Sec'y, 

Halifax,  N.  S.: 

Yours  of  4th  Inst,  received.  How  do  you  propose  to  unite  interests  from 
Halifax  to  Bangor?  Our  bills  will  ail  go  through,  giving  us  the  means  to  build 
from  Halifax  to  Bangor,  if  one  company  or  one  interest  is  secured. 

Answer  by  telegraph.  JOHN  A.  POOR. 


[By  Telegraph.] 

Halifax,  N.  S„  March  15,  1864. 
To  J.  A.  Poor. — Government  here  would  recommend  the  Legislature  to  grant 
the  facilities  stated  in  my  letter  for  extension  from  Truro,  and  would  make 


87 

nmuipr'niontH  for  working  to  mutual  aclvntifajro,  but  will  not  nllonatc  our  line 
(roiu  llulihix  to  Truio.  (j.  TUITKII. 


[By  TL'lograiJh.J 

To  Hon.  C.  Tti'i'KU,  Trov.  Scc'y.  Alolst.v.  March  24,  IBWi. 

lliilifiix,  \.  S.: 

If  Aincriciin  Ciimp;\iiy  will  iniild  your  ll:io  from  Truro  to  New  nruii-<\vic;k 
frontier  and  tliroiiuli  to  St..  .loliu  lino,  ou  your  oiler,  what  ciiii  you  pli'd^je  ns  Hit; 
loui.'.-t  uiiiiuiil  roiiiiil  of  your  liuo  from  Truto  to  Halifax  for  twenty  years  ? 

Answer  by  tflegraph.  John  a.  i'UOll 


[By  TeleKKiph.) 

IIamkax.  March  2i),  18(14. 
To  .foiix  A.  Poor— Cannot  aj^nic  i:t  alionato  our  lini!  from  Halifax  to  Truro, 
but  will  carry  all  your  trallio  at  lowest  rates  ou  Amoricau  liailways. 

CllAS.  TL'l'rEU. 


[By  Telegraph. 


Hon.  C,  Ti:i'i'ER,  Prov.  Soc'y, 

Halifax,  N.  S. 


Banqou,  March  28,  1SG4. 


Our  LogiHlature  haa  adjourned.    Our  bills  all  pas-sed.    I'leaso  pass  laws  lo 
enalilo  you  to  carry  out  plan  proposed  with  our  company.        JOHN  A.  PUOli. 


Erlracls  from  Uve.  Records  of  the  Nova  Scotia  House  of  Assembly,  April 
11,  18V.4. 

Hon.  Provincial  Secretary  moved  a  ropolution  as  follows  : 

'■  Jtesulved,  Tliat  tlio  l'].\ecutive  Govornmunt  be  authorized  to  secure  the  con- 
struction of  the  railway  from  Truro,  or  from  the  point  of  junction  with  the  niiiii 
line  to  the  border  of  New  Brunswick,  through  the  '\gency  of  any  responsii)le 
company,  provided  no  greater  liability  is  incurred  than  i  percent,  per  annum 
uiion  a  capital  of  .EIO.OOO  currency  per  mile,  not  to  e.xcoed  20  years— and  proviU- 
ed  connectiou  is  thjn.'by  secured  with  the  railway  from  St.  John  to  Shediac.  Ami 
that  tlie  (Jovernment  be  authorized  to  procure  the  construction  of  the  line  \Ve.4C 
of  Windsor,  in  the  same  manner,  to  the  same  extent,  of  4  per  cent,  on  a  capiuil 
of  ,£(i,0.)U  per  mile." 

\Vliereui)on  Mr.  Miller  moved,  by  way  of  amendment : 

••  Whtreas,  The  revenue  of  this  Province  Is  now  burdened  with  a  liability  of 
al»out  £(JO,miO  annually,  for  interest  ou  the  money  invested  in  our  existing  line  of 
railway;  and  whereas,  the  act  of  thU  session,  providing  for  the  construction 
of  the  line  lo  Pictou,  will  entail  afurther  charge  of  at  least  £2.''),()00  annually — 

"  Thetefure  rcsuived,  That  it  is  unwise  at  the  present  time  to  pledge  the  pul»- 
lic  credit  to  the  extent  re(iuired  by  the  resolution  before  the  House.'' 

U'liieU  amendment  Deing  put.  there  appeared — for.  Hi  ;  against,  2'J.  For — 
llauield,  Parker.  Miller,  Locke,  Aunand.  E.  Brown,  Balcom,  Kaulijack,  Allison. 
Killani,  liobert-son,  Blanchard,  Blackwood,  Ross,  S.  Campbell,  Cotlin — ](i. 
.■J^iiinst — I'ryor,  Donkin,  McKay,  D.  Fraser,  Tobin.  Attorney-General  John.>ton. 
Provl.  Secretary  Tupper,  Financial  Secretary  Le  Vesconte,  Sol.  General  Henry 
.-^iiannou.  fJiil,  Lawrence,  Moore.  Churchill,  Longley,  Slocumb,  King,  McDonald. 
Mill.  Sniyih.  McDonnell.  James  Fraser,  John  Campbell,  Whitman,  Jost,  Eouri- 
iiot,  Mcbarlaue,  .McKiunon,  C.  Campbell — 2!). 

The  foregoing  resolution  of  Dr.  Tupper  was  subsequently  put,  the  amendment 
being  reJLCied,  and  passed.     Pages  lOS-109. 

The  resolution  subsequently  passed  the  Legislative  Council,  and  be  'ame  u 
law. 


nil 

I  ill '  'I 


38 


(No.  17.) 

State  of  Maine, 
Office  of  the  Attorney  General, 
Bangor,  October  24,  1864. 

I  have  examined  the  Charter  of  the  European  and  North 
American  Railway  Company,  approved  August  20th,  1850,  and 
the  several  acts  and  resolves  since  enacted  in  reference  thereto. 
I  have  also  examined  the  By-Laws  and  Records  of  said  Cor- 
poration. In  my  opinion  their  proceedings  are  all  in  due 
form,  and  the  Stockholders  in  said  Corporation  are  exempt 
from  all  personal  liability,  beyond  the  payment  of  their  Stock 
Subscription. 

JOHN  A.  PETERS, 
AtVy  Gen'l 


Bangor,  October  24, 1864. 
The  European  and  North  American  Railway  Company 
having  conveyed  to  Hannibal  Hamlin,  Israel  Washburn,  Jr., 
and  Henry  V.  Poor,  as  Trustees,  their  road-bed,  rights  and 
property,  for  the  security  of  the  payment  of  certain  Bonds  by 
them  issued,  and  the  said  Trustees  having  accepted  said  trust, 
I  concur  in  the  opinion  of  Hon.  John  A.  Peters,  Attorney  Gen- 
eral of  Maine,  as  to  the  legality  of  the  proceedings  of  said 
Company,  and  the  exemption  of  Stockholders  from  personal 
liability. 

H.  HAMLIN, 
One  of'  the  Trustees  aforesaid. 


To  Hon.  John  A.  Poor,  President  of  the  Europeon  myi  Nortli 
American  Railway  Company: 

In  accordance  with  your  request,  I  have  examined  the  Pros- 
pectus of  your  Company  recently  issued,  and  derive  from  it 
the  following: 

Between  Portland,  in  Maine,  and  Halifax,  in  Nova  Scotia, 
there  arc  several  lines  of  railroad  built  and  projected,  which 
it  is  proposed  to  unite  under  the  control  of  one  company,  un- 
der the  title  of  the  European  and  N'orfh  American  Railway 
C-npany.  The  lines  proposed  to  be  embraced  in  this  union 
are —  * 

First.  The  3Iaine  Central,  extending  from  Danville 
on  the  Grand  Trunk  Railroad,  28  miles  from 
Portland,  through  Lewiston,  Leeds  Station, 
Waterville  and  Kendall's  Mills,  on  the  Kenne- 
bec, to  Bangor,  the  head  of  navigation  on  the 
Penobscot,  57  miles  to  Kendall's  Mills  and  53 
miles  from  the  Mills  to  Bangor;  in  all 110  miles. 

This  line  conforms  to  the  Canadian  gauge  of 
5^  feet,  and  is  in  operation  throughout. 
Second.  The  Portland  and  Kennebec,  extending  from 
Portland  through  Brunswick  to  Augusta,  the 
capital  of  the  State,  62  miles  from  Portland, 
with  a  branch  of  9  miles  from  Brunswick  to 
Bath;  in  all 71      " 

This  line  conforms  to  the  Now  England 
gauge  of  4  feet  8^  inches,  and  is  in  operation 
throughout. 
Third.  The  Somerset  and  Kennebec,  extending  north 
from  Augusta  21  miles  to  KendalVi?  Mills,  and 
18  miles  to  Skowhegan;  in  all 39 

This  line  is  of  the  same  gauge,  and  leased  to 
the  last  named  Company  for  20  years,  at  $36,000 
per  year. 


40 


Fourth.  The  European  and  North  American  Rail- 
icay  Company  proper,  extending'  from  Bangor 
to  tlio  Eastern  Boundary  of  Maine,  witli  char- 
tered powers  adequate  to  embrace  the  above- 
named  lines  and  other  lines  in  New  Brunswick 
and  Nova  Scotia.  This  line  ia  not  yet  built. 
Its  length  in  Maine,  by  the  surveys,  is 107 


miles. 


Total  extent  of  lines  in  Maine 327 

Fifth.  The  European  and  North  American  Rail- 
way  Company  proper,  including  the  portion  of 
its  line  in  New  Bruuswick  from  the  Eastern 
boundary  of  Maine  to  the  City  of  St.  John. ...    83 

Surveys  of  this  line  are  now  in  progress,  but 
no  portion  of  it  built. 
Sixth.  The  Neiv  BrunswicJc  Railway  Co.,  in  the 
Province  of  New  Brunswick,  extending  from 
the  City  of  St.  John  to  the  Halifax  Junction, 
101  miles;  from  thence,  81  miles  further  to  the 
Nova  Scotia  line,  witli  a  branch  of  7  miles  from 
Halifax  Junction  to  Shediac,  on  the  Gulf  of  St. 

Lawrence,  making  in  all    139 

This  line  conforms  to  the  Canadian  gauge  of 
5 1  feet,  and  is  in  operation  witli  the  exception 
of  the  poi'tion  from  the  Halifax  Junction  to  the 
Nova  Scotia  boundary. 
Seventh.  The  Nova  Scotia  Raihvay,  in  Nova  Scotia, 
extending  from  the  New  Brunswick  boundarv 
to  Truro,  69  miles,  and  from  Truro  to  Halifax, 
<)1  miles,  with  a  branch  to  Windsor,  30  miles; 

in  all 160 

This  line  also  conforms  to  tlie  Canadian 
gauge,  and  is  built  and  in  operation  excepting 
the  ])ortion  from  the  Nova  Scotia  boundary  to 
Truro. 


I 


Total  extent  of  lines  in  the  Provinces  . .  382 
Add  lines  in  Maine  as  above 327 


Total  in  Maine  and  the  Provinces 70!) 


41 


Of  this  total  of  709  miles  there  is  built  and 

in  operation  in  the  State  of  Alaine 220  miles. 

In  New  Bi'uuswick  and  Nova  Scotia.  199      "     419  miles. 

Not  built  in  Maine 107      " 

in  the  Provinces 183      "     290      " 


Total  built  and  to  be  built,  as  above 709      *' 

The  portions  to  be  built,  comprising  a  distance  of  290  miles, 
are  necessary  to  form  a  continuous  line  of  Railway  from  Port- 
land to  Halifax,  the  length  of  which  will  be  as  follows: 

Portland  to  Kendall's  Mills,  by  cither  the 

first  or  second  lines 85  miles. 

Kendall's  Mills  to  Eastern   boundary  of 

Main(> 160      " 


Total  in  Maine 

Eastern  boundary  of  Maine  to  St.  .Johns 

City * 88 

St.  Johns  City  to  boundary  of  Nova  Scotia .  132 


245  miles. 


V 


Total  in  New  Brunswick. .  . . 

Boundary  of  Nova  Scotia  to  Truro G9 

Truro  to  Halifax HI 


215 


Total  in  Nova  Scotia. 


130 


Poitland  to  Halifax,  nudu  line 590 

Extent  (aggregate)  collateral  lines  and  branches   . .  .  119 


Total  as  above 


709 


It 
1. 


The  chartered  powers  of  the  European  and  North  American 
Railway  Company,  as  derived  from  the  Legislatures  of  Maine, 
New  Brunswick,  and  Nova  Scotia,  arc  ample  for  embracing 
all  of  the  above  described  lines,  collateral  Hues  and  branches, 
coveiiug  709  miles  of  railway;  but  in  thus  uniting  or  consoli- 
dating these  lines,  provision  must  at  the  same  time  be  made 
for  completing  the  main  line  throughout — that  is.  for  building 
107  miles  in  the  Slate  of  Maine  and  183  miles  ii»  th(>  Provin- 
ces; 290  miles   in  all.     The  mode  propo^^ed  for  effecting  this 


lit  I 


42 

object  and  of  acquiring  control  of  the  linos  in  operation  as 
described  above,  is  as  follows,  commencing  with  the  road  or 
company  first  named,  the  Mamv  Central. 

The   expenditures  of  this   Com])any  are 

represented  by  six  per  cent.  Morl^agc 

Bonds  issued.'. $2,500,000 

Stock,  Bonds,  and  Common  Stork 1J()4.845 

^ !r4.2G4,345 

The  expenditures  or  cost  of  the  Portland 

and  Kennebec  Line  ai-e  represented  by 

(nty  Loan s  SOO.OOO 

Yarmoutli  Loan 201.000 

2d  Mortgaiie  Bonds 280.000 

8d         "              ••     (for.     -    '3d) 25(;.0(H) 

Stock 2,000,000 

Somerset  and  Kennebec  Raili-oad  cost  ....     800,000 

4.281.000 

Total  original  cost  (if  220  miles  in  Maine ^8.545,345 

*,* 

This  i)roper(y  may  now  bo  l)rought  into  the  possession  and 
under  the  contiol  of  tlie  Euro])oan  and  Noi-th  American  Rail- 
way Compiiny  at  a  cost  as  follows: 

Maine  CerdraJ,  amount  of  Bonded  Debt.  .^;2,500.000 
"  "        to  purchase  Stock.      250,000 

'f;2,750.000 

Portland  and  Kenneltoc  Bonded  Debt,  as 

above 1,481,000 

Unpaid  ('oupons,  extended  20  years 100,000 

for  7  years 105,000 

1.680,000 
Less  Sinking  Fund  aoluallv  aceruod   for 

reduction  of  City  Loan 200,000 

1,480.000 

4.236,000 
Add  bonus  to  purchasers 500,000 

Total  cost  of  220  mil(;s  to  new  ('ompany  in  Maine.. $4,736,000 


43 


The  net  earnings  or  income  of  these  lines  in 

1864  were 450,000 

From   which    deduct  interest   on  cost    as 

above,  at  6  per  cent 284,160 

Excess  of  annual  income  over  interest  on 

cost  of  existing  lines  in  Maine !''!l65,840 

This  excess  of  .^165,840  will  be  hereafter  increase',  by  the 
increase  in  population  and  business  of  the  country  through 
which  these  lines  pass.  It  will  be  increased  by  the  saving 
made  in  operating  by  the  same  Company  the  two  lines,  which 
arc  now  rival  and  competing  lines,  and  tho  higher  charges  for 
transportation  wliich  will  follow  a  removal  of  the  competition, 
and  in  the  incroisod  business  of  the  lines  by  tho  extension  Bast 
of  Bangor. 

For  these  reasons  this  excess  may  safely  be  assumed  soon  to 
amount  to  not  less  than  $225,000,  and  will  bo  stoadily  on  the 
increase  I'roin  ihai  amount. 

The  actual  expenditure  upon,  or  cost  of,  108  miles 
in  New  Brunswick,  now  in  operation,  is  found  to 

be $4,577,874 

Do.        do.        91  miles  in  Nova  Scotia. . . .    4,278,401 

Total  act  ual  cost  of  lines  in  operationin  the  Provinces  88,85 1 ,275 

These  two  lines,  with  their  furniture  and  equipments,  can  ))e 
leased  for  a  term  of  999  years  at  the  rate  of  ;?10(),000  per  ynir, 
and  one-half  of  the  net  earnings  of  the  portions  now  in  opera- 
tion in  addition. 

That  is  to  say,  the  perpetual  use  and  control  can  now  be  ol>- 
taiiied  over  a  property  which  has  cost  !;'8,851,275  for  the 
amount  stated. 

Omitting  for  the  present  the  item  of  half  the  net 
(>arnings,  which  is  conditional  upon  their  being 
realized,  and  we  find  that  the  remaining  6^100,000 

per  annum  is  the  interest  at  six  per  cent,  on $1,666,667 

If  to  this  is  added  the  cost  to  the  Compaiy  of  the 
control  over  the  lines  in  Maine,  as  above   4,736,000 


44 

We  have  to  represent  the  total  cost  of  existiuj^-  lines 

to  new  Company,  deducting  donations,  the  sum  of.  |6,4U2,667 
This  amount  of  $6,402,667  includes,  in  addition  to  the  cost 

of  the  roads,  rolling  stock  and  equipments,  as  follows: 

Engines.        PuHsenger  Oars.      .  Freight  Core. 

Maine  Central 13  20  231 

Portland  and  Kennebec.  12  11  120 

New   Brunswick 14  18  271 

Nova  Scotia 20  ^8  160 

59  67  782 

Deduct  vahie  of  this  rolling  stock  from  cost  as  above, 
say $1,500,000 

Leaves  for  estimated  cost  to  new  Company  of  419 
miles  of  road 14,902,667 

From  which  it  follows  that  the  new  Company  obtain  the 
entire  control,  possession,  and  use  of  419  miles  of  railway  now 
ii»  operation  in  Maine  and  the  Provinces,  by  an  annual  expen- 
diture of  an  amount  equal  to  six  per  cent,  on  5;;4,902,6f>7,  or 
$294,160. 

To  render  this  pru))erty  the  most  })roductive  and  valuable, 
and  to  cai-ry  out  the  object  of  the  proposed  consolidation,  the 
new  Company  must  build  or  complete  the  unfinished  portions 
of  the  main  line  between  Portland  and  Halifax,  amounting  in 
all  to  290  miles. 

The  sui  veys  show  that  such  is  the  generally  favorable  char- 
acter of  the  surface,  that  even  at  the  present  high  price  of  mate- 
rials and  labor,  thei^e  portions  can  be  built  for  a  sum  not  ex- 
ceeding probably  .>40,000  per  mile. 

Propositions  from  responsible  parties  have  been  made  to  the 
Company  to  construct  and  complete  over  this  distance  a  single 
track,  with  stone  structures  for  a  double  Irack.  together  with 
the  necessary  sidings  and  station-houses,  for  a  sum  ])(t  mile  a 
little  short  of  that  amount. 
290  miles  of  road  at  $40,000  per  mile  is ;:11,6U0.U00 

This  amount  will  be  reduced  to  the  Company  by 
the  following  donations: 


45 

1.  Donation  of  the  State  of  Maine  of 

timber  on  225,000  acres  of  land,  es- 
timated at $200,000 

2.  Donation  from  New  Brunswick  of 
610,01)0  per  mile  for  114  miles 1,140,000 

3.  Donation  from  Nova  Scotia  of  4  per 
cent,  interest  for  20  years,  on  a  cost 
of  $40,000  per  mile  for   69  miles, 

equal  to,  as  stated  in  prospectus. . .   1,810,000 

4.  Amount  expended  ])y  a  former  Com- 
pany in  construction  East  of  Bangor, 
^378,000,  less  $200,000  paid  for  the 
same  by  the  new  Company,  the  dif- 
ference being  substantially  equiva- 
lent to  a  donation  of 178,000 

Vi-  ' 

5.  Claim  on  United  States  Government 
donated  by  Maine,  now  before  Con- 
gress, and  favorably  reported  by 
Committee,  $10,000  per  mile  for  107 

miles 1,070,000 

Total  donations $4,428,000 

These   donations  being  deducted,  leave  cost  to 

new  Company  of  290  miles  new  road 7,172,000 

Add  cost  of  419  miles  of  existing  road  as  above.  . .     4,902,687 

Total  cost  to  the  new  Company  of  709  miles  of  road.  $12,074,607 

Whicli  is  !?1 7,030  only  per  mile. 
Add  the  estimated  value  of  rolling  stock  acquired 

by  the  Company  as  above 1,500,000 

And  a  further  expenditure  for   the  same  purpose 

when  the  new  portions  are  completed 500,000 

Give  for  the  entire  cost  of  709  miles  of  road  and 

equipments  to  the  ncAv  Company $14,074,667 

Equal  to  $20,000  per  mile  very  nearly. 

Deduct  cost  of  lines  in  Maine  as  above 4,736,000 

Total  East  of  Bangor $9,338,067 


/ 


46 


The  annual  interest  at  0  per  cent,  on  tliis  amount  of 
$9,3;}S,()67  is 5b0,320 

It  has  been  shown  that  the  excess  of  net  earnin<,''s 
over  interest  on  the  cost  at  six  ]ier  cent,  of  the 
220  miles  iu  operation  in  Maine  may  be  put  at  . .      225,000 

$335,320 

Leaving  the  sum  of  $335,320  to  be  realized  to  the  Company 
from  tlic  annual  net  earnings  of  709 — 220=  489  miles  of  road 
from  Bangor  to  Halifax,  to  enable  it  to  meet  its  obligations  of 
interest  and  pay  rental  for  the  pro])erty  acquired  from  other 
companies.  To  secure  this  amount,  the  net  earnings  of  the 
line  from  Bangor  to  Halifax  must  equal  $801  per  mile  per  an- 
num, for,  • 

290  miles  at  $801,  is ii'249,670 

199         "        ^«Ai  is 85,050 

2   ' 

$335,320 

To  realize  $801  per  mile  rc<iuircs  tliat  the  gross  eai-nings 
slnmld  be  $1,722  per  mile,  allowing  the  usual  in-oportion  of 
fifty  per  cent,  on  gross  earnings  as  suflicient  to  pay  expenses. 
This  estimate  supposes  that  the  amount  rcfjuired  lor  construc- 
tion can  be  borrowed  at  six  per  cent.,  or  that  whatever  is  con- 
tributed by  subscribers  to  the  stock  Avill  pay  six  per  cent.  A 
subscription  to  the  extent  named  in  the  Prospectus,  viz., 
$500,000,  is  necessary  to  meet  in  pait  existing  liabilities,  as 
stated.  With  this,  it  appears  tl;at  the  consolidation  and  con- 
struction of  the  lines  in  Maine  and  beyond,  can  bo  cfl'ected. 
It  is  worthy  of  consideration  whether  it  is  not  best  to  obtain, 
ifpossible, a  larger  subscri[>tion,say  to  the  amount  of  $2,000,000, 
which,  with  the  inducements  offered,  there  should  be  no  great 
difficulty  in  obtaining.  The  caintal  of  the  Company  by  its 
charter  is  limited  to  150,000  shares;  100,000  shares  it  is  pro- 
posed to  I'cserve  for  the  branch  to  Madawaska  and  other  pur- 
poses. The  remaining  50,000  shares  to  be  subscribed  for  at  the 
present  time,  and  upon  this  subscription  $40  per  share  to  be 
paid  in,  which  will  give  the  amount  required  of  $2,000,000. 

Under  this  view  of  the  subject,  the  annual  net  earnings  to 


47 


the  Company,  to  be  adequate  to  pay  interest,  rental  and  expen- 
ses, and  ten  i)er  cent,  on  the  $40  per  sliare  of  stock  })aid  in, 
must  amount  to,  per  mile,  on  the  489  miles  ol'  road,  !irl,(l()7,  re- 
quiring an  amount  of  gross  earnings  per  mile,  per  annum,  of 
only  .^2,134. 

For  the  entire  line  of  7(H)  mile.-^,  the  average  net  earnings  per 
mile,  per  annum,  to  give  the  same  result,  must  amount  to 
$1,510,  and  the  gross  earnings  to  ^;],();32,  which  is  Si, ()()()  less 
than  the  gross  earnings  the  i)ast  year  of  the  lines  in  operation 
in  Maine. 

New  Brunswick  and  Nova  Scotia,  although  not  yet  in  a  con- 
dition to  contribute  as  fully  to  tlie  busines^s  of  the  road  as 
Maine,  are  nevertheless  increasing  rapidly  in  population,  and 
have  large  mineral  and  agricultural  resources.  An  important 
item  of  revenue  from  the  entire  line  will,  it  is  believed,  be 
found  in  the  receipts  from  through  passengers  between  Halifax 
and  Boston  or  New  York.  The  railway  being  com|)leted  from 
Portland  to  Halifax,  the  distance  by  rail  from  Halifax  to  New 
York  will  be  as  follows: 

Halifax  to  Portland,  as  above 50U  miles. 

Portland  to  Boston IIU      '' 

Boston  to  New  York 234     " 

Total  Halifax  to  New  York 934      '• 

To  be  reduced  to  910  miles  when  the  New  York  and  Boston 
Air  Line  is  completed,  the  unfinished  portion  of  which  is  now 
under  contract. 

This  entire  distance  of  910  miles  can  be  passed  in  30^  hours, 
at  the  average  rate  of  30  miles  per  hour,  or  in  about  25  hours, 
by  making  35  miles  per  hour  from  New  York  to  Portland,  and 
40  miles  per  hour  over  the  broader  gauge  from  Portland  to 
Halifax. 

The  distance  by  sea  from  Halifax  to  New  York  is  700  miles 
direct,  requiring  70  hours,  at  the  average  rate  of  steaming  of 
10  miles  per  hour,  making  a  saving  of  one  and  a  half  to  two 
days  in  time  by  railway  as  compared  with  steamer,  a  saving 
which  will  give  to  the  railway  a  large  proportion  of  the  trans- 
Atlantic  travel. 


I'll ' 


48 


The  capabilities  of  railways  and  their  induencc  in  stimulat- 
ing and  incrcasiug  population  and  business  wherever  con- 
structed, are  now  so  well  understood  that  nothing  need  be 
added  upon  this  head.  There  can  be  no  doubt  that  the  Euro- 
pean and  North  American  Railway  Company  will  pot-sess, 
when  their  present  plans  arc  perfected,  a  great  and  valuable 
property,  and  especially  valuable  to  those  who  may  be  able 
and  willing  to  become  contributors  to  its  capital  stock,  under 
the  arrangement  as  proposed. 

EDWJN  F.  JOHNSON. 

MiDDLETOWN,  Ct.,  Novembcv,  1864. 


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